- (1.) These proceedings have been instituted by Gajraj Singh Saxena Trust and its four Trustees-landlord impeaching the order dated 28.07.2007, passed by the Judge, Small Causes Court, Lucknow whereby the application moved by the petitioners-landlord (C-19) under Order 15 Rule 5 of the CPC for striking off defence of the defendant for failure to deposit the admitted, rent has been rejected.
(2.) The said order dated 28.07.2007 passed by the learned trial court was challenged by the petitioners by filing SCC Revision No. 64 of 2007, which too, has been dismissed by the learned Additional District Judge, Lucknow by means of order dated 23.01.2008. It is this order dated 23.01.2008, passed by the learned Additional District Judge, Lucknow which is also under challenge in these proceedings. The petitioners, after dismissal of the revision petition by the learned Additional District Judge, Lucknow by means of order dated 23.01.2008, moved another application (C-45) for allowing the application (C-19), which too, was rejected by the Judge, Small Causes Court, Lucknow by means of order dated 24.10.2008. The revision petition preferred by the petitioners against the said order dated 24.10.2008 has also been dismissed by the revisional court by means of its order dated 17.12.2008. The orders dated 24.10.208 and 17.12.2008, passed by the Judge, Small Causes Court and revisional court are also under challenge in these proceedings.
(3.) The facts of the case, which give rise to the present proceedings, are that Late. Gajraj Singh Saxena formed a trust of his properties and executed a trust deed on 23.11.1906 which was registered in the office of Sub-Registrar, Lucknow on 26.11.1906. It has been averred by the petitioners that last managing trustee of the said trust, which is situated at 58/35, Husaingani, Lucknow was Babu Shyam Manohar Lal Nigam who died on 06.12.1978 and since then the office of trustees was vacant. On 23.03.1990, on an application for appointment of new trustees, the learned Additional District Judge appointed the petitioners as trustees by means of order dated 29.03.2006.;