JUDGMENT - T.D. SUGLA, J.:---Shri Janardhan for the respondents (original plaintiffs) raised a preliminary objection. According to him the appeal as filed is incompetent. It is, therefore, proposed to consider the preliminary objection first. It is stated that a complaint/application was filed in this case before the Joint Charity Commissioner who by his order dated 27th July, 1982 passed under section 50-A of the Bombay Public Trusts Act, 1950 finally disposed the complaint/application. Appeal filed against that order by the appellants (original defendants) was also disposed of by the Appellate Court vide order and judgement dated 13th June, 1983 finally. In the above view of the matters appeal under section 100 of the Code of Civil Procedure and not an appeal from order under section 104 of the Code against the judgement and decree of the Appellate Court would be competent. The learned Counsel for the appellate fairly conceded that strictly speaking her client should have filed appeal under section 100 of the C.P.C. and not an appeal under section 104 of the C.P.C. treating the appellate judgment as an order. She, however, contended that the preliminary objection raised wa

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