- (1.) The appeal arises out of the virtual rejection of the plaint on the ground that the suit was incurably bad in its institution and the defects could not be rectified.
(2.) The suit pertains to a prominent property at Chowringhee. Raja Rajendra Mullick Trust is the owner of the suit property and an initial lease was granted in favour of the first defendant, which expired at the end of September, 2015. The trustees, or some of them, have entered into a subsequent lease pertaining to the same property in favour of the first plaintiff in the suit. Upon the expiry of the lease granted in favour of the first defendant and the subsequent induction of the first plaintiff as the lessee in respect of the property, the first defendant apparently surrendered possession of the area directly controlled by the first defendant in favour of the first plaintiff. However, the other areas in the property which, according to the plaintiff-appellants, were sublet by the first defendant to the other defendants, have not been vacated by the other defendants. The suit was instituted by the subsequent lessee as the first plaintiff with some of the trustees of the trust as the other plaintiffs.
(3.) Admittedly, three of the trustees were not impleaded as plaintiffs. An objection was taken on behalf of the defendants that the suit was incurably bad since all the trustees had not been impleaded as plaintiffs. It was also contended that no right came to be conferred on the first plaintiff since all the trustees had not executed the subsequent lease of October, 2015 in favour of the first plaintiff.;