- (1.) This appeal is under Clause 15 of Letters Patent and it is at the instance of Defendants/Respondents against an order dismissing the application filed by the defendants for revocation of leave granted under Section 92 of the Civil P. C. as well as for rejecting the plaint and alternatively for dismissal of the Suit No. 26 of 1981.
(2.) The above suit was filed by the plain-tiffs on 19th Jan., 1982 in the Original Side of this Court stating inter alia that St. Thomas School was a public charitable trust and the defendants were Trustees of the said trust. It was alleged that the defendants were guilty of breach of trust. The Board of Governors of the school was reconstituted long before in accordance with the provisions of Section 2 of the St. Thomas School Act 1923 and the term of the Board already expired. It has been stated further that both the plaintiffs are worshipping and subscribing members of the vestry St. Paul's Cathedral, Calcutta and as such under the provisions of the said Act they have right to nominate Governors of the Board of Governors of the said school. Moreover the petitioner No. 2 is also a Teacher in Calcutta Girls High School which is an Anglo Indian School and as such they are interested in the Trust. As Board of Governors were not properly constituted and the trust property arc not properly managed by the Trust i. e. Board of Governors of the said school and there has been a breach of the terms and conditions of the Trust, the instant suit has been brought praying for leave under Section 92 of the Civil P. C. and also for other reliefs as provided under the said section, to institute the suit as well as for removal of the Trustees, appointing new trustees, for directing the trustees who have been removed to deliver possession of the trust property and also for settling a scheme for administration of the Trust properties. The leave was granted ex parte under. Section 92 of the Civil P. C. on hearing the plaintiff on 19th Jan.. 1982. The defendants/respondents filed an application for revocation of the leave granted and for rejection of plaint subsequently.
(3.) This application was dismissed by C. K. Banerjee, J. on the 7th Apr., 1982 holding inter alia that though it had not been specifically pleaded, which immovable properties were situated within the Original Jurisdiction of this Court was yet it could not be stated that there no pleading at all so as to non-suit the plaintiffs. It was held that the suit was maintainable under Section 92 of the Civil P. C. It was also held that the suit was instituted by the two persons claiming to have interest in the trust. The question whether these plaintiffs have any such interest or not cannot be gone into in this application and the same has to be decided in the suit. It has been further held that the learned Judge has taken a prima facie, view, of the matter solely for the purpose of the application and the contention raised in the application would be properly gone into on proper materials at the time of hearing the suit. The application for revocation of the leave granted on 19th Jan., 1982, was rejected.;