Judgement

Appeal (No. 93 of 1929) from a decree of the High Court (December 17, 1926) varying preliminary and final decrees of the District Judge of Aligarh.

The suit was instituted by the respondent Collector against the appellant and another, as trustees under what was concurrently held to be a trust for public purposes of a charitable or religious nature. The plaint alleged breaches of trust and claimed removal of the trustees, accounts and a scheme for administering the trust.

The institution of the suit by the Collector was specifically authorized by the Government of the United Provinces by a letter of December 5, 1921. At some earlier date the said Government had made a general order, appearing in the Manual of Rules and Orders relating to the Legal Remembrancer, whereby that officer was appointed under s. 93 of the Code of Civil Procedure to exercise within the limits of the United Provinces the powers conferred on the Advocate-General by ss. 91 and 92 of the Code, which (by s. 92) include the institution and consent to the institution of suits in relation to trusts for public purposes of a charitable or religious nature.

The High Court (Lindsay and Sulaiman JJ.) held that