Page:Castes and Tribes of Southern India, Volume 3.djvu/375

the occurrence of a death. In this manner, the forefathers of the plaintiffs, the other merchants, and the plaintiffs themselves, had got all ceremonies conducted for upwards of two thousand years past." They cited instances, in which the plaintiffs, or some of them, had failed in previous attempts to sustain the right now claimed, and objected to the form of the plaint as not sufficiently setting forth the particulars and nature of the obstruction for which the plaintiffs claimed compensation. The plaintiffs, in their reply, did not negative or rebut the specific statements of the defendants, but insisted generally on their right to the performance of the ceremonies in question. The point at issue being not clear from the pleadings, the parties were questioned in open Court as to the precise object of the action, and the ground on which it was maintained. The plaintiffs stated that their object was the establishment of their right to have the whole of the subha and asubha ceremonies performed in their houses by Brāhmans in the language of the Vēdas, and that they claimed this right on the ground of the Sāstras. On this, the Zilla Judge framed a hypothetical statement of facts and law based on the defendant's answer for the opinion of the Pandit of the Court, and, upon his opinion, declared the plaintiffs entitled to have the ceremonies performed for them by Brāhmans. Upon appeal, the Provincial Court for the northern division remitted the suit to the Zilla Court to take evidence, and, upon such opinions of the Pandits which the Provincial Court took upon the same statement as the Zilla, they affirmed the decree, but without costs.The Pandits consulted by them were those of the Provincial Courts of the northern, centre, southern and western divisions. They all agreed that "the Brāhmans ought not to perform the ceremonies in the language of