SOUMEN SEN,J. - (1.) The defendants Nos. 5 and 6 have filed these applications for striking out their names as they resigned as trustees. The defendant No. 5 contends that a reading of the plaint and more particularly paragraph 15 of the plaint read with the legal notice would show that the plaint does not disclose any cause of action against the said defendants nor any prayer has been made against the said defendants. The learned counsel for the applicants have referred to the respective letters of resignations and submits that since they have resigned as trustees, the cause of action against them no more survives and accordingly their names should be deleted from the cause title.
(2.) Mr. Pratap Chatterjee, learned senior counsel appearing on behalf of the plaintiff submits that on a true and meaningful reading of the plaint, it would show that the plaint discloses cause of action against all the defendants. Mr. Chatterjee has referred to the other paragraphs of the plaint not shown by the applicants namely paragraph 32 and the other paragraphs which clearly refer to the trustees. Since a trust is to be sued in the name of the trustees, the defendant Nos. 1 to 7 in the capacity as trustees of Anandalok Hospital are impleaded as parties. It is immaterial whether the said applicants have resigned in the meantime. If they are parties to a defamatory statement, it binds them, irrespective of their resignations. The action is in personame so far as the said individual trustees are concerned. None of the applicants have also stated in the petition that they are not parties to the statements made by the defendant No.1 or the said statements are untrue Under such circumstances stand dismissed. ;