Jyotirmay Bhattacharya,J. - (1.) This First Miscellaneous Appeal is directed against an order being No.36 dated 20th December, 2014 passed by the learned Additional District Judge, 10th Court at Alipore in Title Suit No.3 of 2010, at the instance of the plaintiffs/appellants. By the impugned order, leave which was granted under Section 92 of the Civil Procedure Code in favour of the plaintiffs, was revoked. The legality and/or validity of the said order is under challenge in this appeal.
(2.) Let us now consider the merit of the instant appeal in the facts of the present case.
(3.) Revocation of the leave which was granted under Section 92 of Civil Procedure Code in favour of the plaintiffs was sought for, on three-fold grounds which are as follows:- (i) The trust has not been made a party defendant. (ii) The plaintiff No.2 is patently not "a person interested" as contemplated in Section 92 of the Civil Procedure Code to institute a suit under the said section either as a trustee or as a person enjoying the benefit of the said charitable trust or in any other way. (iii) The purport and nature of the allegations made in the plaint makes it quite obvious that the plaintiff No.1, as an alleged trustee seeks the enforcement of his alleged rights and obligations under the trust and not for vindication of any public right or general right of the public. The suit is fundamentally concerned with and centres round personal family feuds without any pretence of public good in mind.;