Jayanta Kumar Biswas, J. - (1.) The three plaintiffs in the suit have taken out this application for the following reliefs: a) Leave be granted to the plaintiffs to rectify the mistakes found by the department of this Hon'ble Court on scrutiny of the plaint filed in the above suit; b) An order be made directing the department of this Hon'ble Court to issue the writ of summons in the above suit; c) Leave be granted to the Sheriff of Calcutta to accept the Writ of summons in the above suit if lodged with him within 14 days from the issuance thereof for service on the defendants; d) The returnable date of the writ of summons be extended for a period of nine weeks from the date of their lodgment with the Sheriff of Calcutta;
(2.) The suit was filed for a declaration that the first and second defendants were not trustees for one Giridharilal Baid. The plaintiffs prayed for an order removing those defendants from the office of trustee. They also prayed for an order framing a scheme for proper administration of the trust property. An interlocutory application was taken out by them immediately after institution of the suit. Notice of that application was served on the defendants, who entered appearance and contested it.
(3.) By order dated January 15th, 1998 that application was dismissed. The plaintiffs preferred an appeal before the division bench of this Court. By order dated September 6th, 2005 that appeal was dismissed on the ground that writ of summons in the suit had not been served on the defendants. In the circumstances, on September 8th, 2005 the plaintiffs took out the present application for the reliefs noted before.;