1. The question which arises in this case is whether the Additional District Judge of Patna acted with material irregularity in the exercise of his jurisdiction in refusing to return a plaint under the provisions of Order 7, Rule 10, Civil P. C.

2. The suit was instituted by opposite party 1 Raghubansh Mani Prasad Narayan Singh on 20-9-1946 in the Court of the District Judge of Patna. The relief claimed was mainly for taking of accounts from trustees in respect of certain trust properties and for other ancillary reliefs. After the suit was instituted there were proceedings taken by the plaintiff under Order 39, Rule 1, Civil P. C. for restraining the defendants appointed under the deed from) acting as trustees. The matter was heard on merits and on 11-2-1947 the prayer for injunction was refused. An appeal was preferred to the High Court on behalf of the plaintiff against this order. On 23-11-1949, the appeal was heard by the High Court. As the suit had been pending for long the High Court ordered that the suit should be heard before June 1950. In view of this direction of the High Court the appeal was not pressed by the plaintiff. It appears that at a subsequent stage the