SHARMA, J. - (1.) Plaintiffs- respondents, claiming to be the members of public highly interested in safeguarding public interest relating to Jay Narain Inter College, Varanasi (here-in-after referred to as the college) and some of whom are old students of the college, filed a suit No.197 of 1968 in the Court of the learned Civil Judge, Varanasi under Order I, Rule 8 of the Code of Civil Procedure for the following reliefs: "(a) That the permission be granted to the plaintiffs for instituting and prosecuting this suit as members of the public at large and also as representative of the Varanasi City as well as public out of this city under Order 1, Rule 3, C.P.C. (b) That a decree of permanent injunction be passed in favour of the plaintiffs against the defendants restraining them from selling or otherwise transferring the hostel building and land appertaining to the hostel of Jay Narain Inter College, Varanasi bearing Municipal No.D.44/34 Bagh Bhawani, Rampura Varanasi more fully detailed herein below. Valued at rupees one lac as its market value. (c) That also a decree be passed in favour of the plaintiffs against the defendants for relief or reliefs other than the relief prayed for in sub-para (b) to which the plaintiffs be deemed to be entitled. (d) That cost of this suit be awarded to the plaintiffs realizable from the defendants."
(2.) Suit was filed with the allegations that Maharaja Jay Narain Ghoshal made donations and contributions for establishing a High School named Jay Narain High School and created a trust entrusting the management and control of the College to Church Mission Society and in this way Church Mission Society became the trustee of the trust created by Maharaja. Church Mission Society acquired certain more land and constructed hostel and other buildings. Church Mission Society later on handed over the management of the college and the hostel to Diocessan of Lucknow, defendant-appellant and a trust deed was created vide Ex. A-5, whereby defendants-appellants became the trustees. As the defendants have committed gross breach of trust by stopping admission of the students needing accommodation and as they are contemplating more serious breach of trust by sale of the hostel and the appurtenant land, necessity for filing the suit has arisen, so as to restrain the defendants-appellants by decree of permanent injunction restraining them from selling or otherwise transferring the hostel building and its land.
(3.) Defendants-appellants contested the suit and one of the pleas raised by them was about non-maintainability of the suit on account of non-compliance of Section 92, C.P.C.;