JUDGMENT

K.S. Panicker Radhakrishnan, J.

1. Leave granted.

2. These appeals arise out of a common judgment of the High Court of Madras at Madurai dated 11.9.2007 declining to convert the Trust OP No. 96 of 2002 as a civil suit and be tried accordingly.

3. Trust OP No. 96 of 2002 was filed by the Appellants who were beneficiaries of six trusts before the Principal District Judge, Thoothukudi under Sections 61, 62, 65, 66 and 92 of the Trust Act read with Order VI Rules 1 to 3, 5 to 7 and 26 of the Code of Civil Procedure for the following reliefs:

a. To call upon the Respondents 1 to 12 to restore the corpus and accretions gained by the six trusts detailed in the schedule from the date of their incorporation till the date of realization.

b. To trace the fissipations effected on the schedule Trusts by the I Defendant and his associate companies.

c. To appoint a receiver for all the properties of the I Defendant and through lifting the corporate veil on the company held by the I Defendant including Mountain Spinning Mills.

d. To trace the fissipations on the Schedule Trusts and bring the properties and monies to the Petitioner's Court account from whichever source they are available.

e. To cal