1. This suit which relates to a charity was instituted when the repealed Civil Procedure Code Act XIV of 1882 was in force. According to the construction placed on Section 539 of the Code by this Court it was not applicable to a suit instituted by a person having a special right such as one next entitled to be the trustee of the charity.
2. The plaintiff as the person entitled under the Hindu Law to be the trustee after 2nd defendant was clearly entitled to institute the suit. Neither Exhibit A nor Exhibit D made any special provision for the succession to the office of trustee. We reverse the decree of the lower appellate Court and remand the appeal for disposal on the merits according to law. The respondents will pay the costs of this second appeal.
3. The costs in the lower appellate Court will abide the result.