Soumen Sen, J. - (1.) THIS application has been filed at the instance of the defendant No. 10 for rejection of the plaint on the ground that the plaint does not disclose any cause of action against the defendant No. 10. It is stated that the suit is also barred by the laws of limitation.
(2.) THIS application is at the instance of the defendant Nos. 1 and 2 for rejection of the plaint. The applicant -petitioner praised for dismissal of the suit on twofold grounds, namely, (I) the plaint does not disclose any cause of action, (II) the suit is barred by law. The plaintiff instituted the suit claiming, inter alia, for declaration that the amendments of Deed of trust dated 5th April, 2011, by the Deeds dated 21st November, 2011, 2nd November, 2012 and 8th February, 2013 are wrongful and illegal and are consequently non -est. The plaintiffs have also prayed for declaration that some of the clauses of the Deed of trust dated 5th April, 2011 and are contrary to the law and are as null and void. The plaintiff No. 1 has also challenged her removal as a trustee of the Defendant No. 1. These are some of the principal reliefs claimed in the suit. According to the plaintiffs, the plaintiff No. 1 and defendant No. 2 are amongst the original trustees of the trust created by Hemendra Prasad Barooah during his lifetime on 5th July, 2011, here in after referred to as HBBFT.
(3.) THE defendant Nos. 3 and 4 have been wrongfully appointed as trustees and are wrongfully purporting to represent and hold themselves out of trustees as HBBFT. The suit was instituted in view of the wrongful removal as plaintiff no. 1 and trustee as well as the wrongful removal of the plaintiff nos. 1 and 2 as beneficiaries of HBBFT, for declaration that the defendant nos. 3 and 4 have been wrongfully appointed as trustees and defendant no. 5 has been wrongfully advisor of the said trust that the plaintiffs claimed for removal of the defendant Nos. 3 and 4 as trustees of the said trust and for reconstitution of the Board of Trustee of HBBFT.;