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9. The course I thought fit to adopt in this case was not adopted without the most anxious consideration. I have carefully studied every line of the judgment of Mr. Justice Jardine. I have carefully perused the proceedings in the case and studied the learned Judge's notes of the arguments addressed to him by counsel and the evidence recorded by him. The more I have thought over the case the more convinced I have felt that his " deter mi' nation is most evidently contrary to reason and is clearly contrary to the divine law" as it prevails amongst the believers of the Zoroastrian tenets. It is a decision which to my mind is "manifestly unjust."

43. The seventh and laat case, Suit No. 408 of 1895-Cavasji Nowroji Pochlchanavala v. Rustomji Dosmbhai Sethna--was also heard by Mr. Justice Candy. It is reported (1896) I.L.R. 20 Bom. 511). The only question argued in the case was one of limitation and on that question the learned Judge, in passing, remarks, "In February 1887 there has been a decision of the Court, L.N. Banaji v. Bapuji, that the objects of such a Trust were not valid charities."

44. These seven cases that I have discussed above are all the eases that came before the High Court between 1887 and now. The question does not seem to have arisen previous to 1887. These are cases the decisions in which I am asked to follow. When carefully examined, it is clear that in all the cases that succeeded Limboovala's case the learned Judges have followed Mr. Justice Jardine's decision. When read in the law report, where it is published, that judgment at first sight impresses the reader. It tells one how a head priest had expounded and explained the ceremonies and the result that follows is of course correct if the learned Judge's finding of fact as to the real nature and true meaning of the ceremonies is correct. I have no hesitation whatever in saying that the evidence, both oral and documentary, recorded in the present case demonstrates beyond any doubt that the learned Judge was led by the parties to that suit possibly unintentionally but undoubtedly led into an error in believing that trusts for Baj and Muktad ceremonies were not charitable Trusts and as such exempt in law from the application of the rule against perpetuities. In one or two subsequent cases an attempt was made to supply the deficiency in the evidence so palpably apparent in the first case-but the attempt was so feeble-the additional evidence so slender-the further materials supposed to be placed before the Court were so meagre, that it is no wonder that the learned Judges thought it safer to follow than to disturb what they took to be settled law. Studying the evidence with care in the Gorewalla and Allbless cases, it becomes quite evident that the whole fault lay at the door of those instructing counsel, for, judging from the questions put and the answers elicited from the witnesses, it seems that although witnesses evinced anxiety to lead counsel on the right track, counsel took the witness away into matters which did not affect the real question before the Court. It seems to me amazing that no one in all the cases took the trouble to go to the original sources-the scriptures of the religion, to which the ceremonies belonged-to the sacred writings that are most undoubtedly authoritative, and-to the original texts founding the ceremonies and enjoining the performance thereof. The most important portions of the scriptures of the Zoroastrian religion of the ancient Persians are all translated into English by eminent Oriental Scholars and are all contained" in the volumes of the '''Sacred Books of the East" edited by Professor Max Muller. These Books are easy of access and a complete set is in our Law Library, and yet it is a must inexplicable circumstance that these books have never been touched and nothing in them ever placed before the learned Judges who heard seven successive cases. These oases contain indication that the Parsi "community was not satisfied with the decision" in 11 Bombay that " it caused a great shock," and yet it is a most remarkable circumstance again that it never struck those affected by the decision to approach the Advocate-General-put the case properly before him -put him in funds to fight the case on its true merits, and if necessary take it to the Appeal Court. No Advocate-General "if properly approached would have refused to lend the whole weight and authority of his position in making a fight in favour of the charity.

They are the most effective amongst the creatures of the two Spirits, they the good, strong beneficent Fravashis of the faithful who stood holding fast when the two Spirits created the world, the good Spirit and; the evil one.

58. It is true that in that portion of the original Gathas that remains to us there is no reference to the Fravashis, but Ervad Sheriarji points out that the earliest reference to the Fravashis is in the Haptang Yast, which is a portion of the Yasna. It is written in the Gatha dialect, and therefore, he contends, it must have been written very near the time that the Gathas were written. The plaintiff's counsel was throughout the hearing most ably assisted in the conduct of his case by men who have made a study of the scriptures relating to the Zoroastrian religion, but he wa3 not able to cite one single text or passage which could even remotely support the theory that Furohurs and souls of the dead were one and the same thing. This theory is the foundation on which the judgment of Mr. Justice Jardine is based in Limboovala's case. After a perusal of the evidence recorded in this case-principally the evidence from the Scriptures themselves-I do not think there is any possible room to doubt the conclusion that the theory that Furohurs and souls are the same or have anything in common is wholly and absolutely fallacious. That this is the conviction forced upon the mind of the counsel for the plaintiff himself after a study of the subject, seems to be fairly clear from the following questions he put to Dastur Rarab.