N.N. Mithal, J. - (1.) This is an appeal challenging the order passed by the District Judge rejecting the application of the appellant moved under Section 92 of the Code of Civil Procedure . The appellants also moved an application that they may be permitted to withdraw the original application on which these proceedings were initiated in the court below out of which the present appeal arises. Sri R.C. Srivastva, learned counsel for the respondent has how- ever, raised an objection against the maintainability of the appeal as also the withdrawal of the application. However, at the time of argument, learned counsel for the appellants stated that he has been instructed by the appellants not to press the application for withdrawal of the proceedings. The application is accordingly dismissed as not pressed.
(2.) So far as the maintainability of the appeal is concerned, the argument of Shri R.C. Srivastava is that the original proceeding itself was not legally maintainable under Section 92 of the Code inasmuch as the Trust in question was neither one for charitable purpose or of a religious nature and that the application had been tightly rejected, by the Court below. The learned counsel for the parties are agreed that the appeal itself may be disposed of this stage and accordingly we have heard them at length.
(3.) A copy of the application on which these proceedings were initiated has been filed by the respondent as annexure to the affidavit in support of their application for dismissing the appeal as not maintainable. A perusal of this application will show that it has been moved by the Trust and one other applicant purporting to be one under Section 92(1)(f) of the Code of Civil Procedure. According to applicants, the property belonged to one Gregory warden who has executed a Deed of Trust on 8.1.1907 appointing himself as the first trustee of the said Trust during his life time. On his death, the Bishop of Cathedral at Allahabad was appointed as the Trustee. It is alleged that subsequently the management had vested in the Bishop of Diocese of Lucknow with Head office at Allahabad. The application proceeds to mention certain facts and thereafter it was alleged that an agreement of sale of some open land of the property in question has been entered into with the opposite party for which permission was sought from the Court.;