Bankim Chandra Ray, N. G. Chaudhuri, JJ.

( 1 ) THIS appeal is under Clause 15 of Letters Patent and it is at the instance of Defendants/respondents against an order dismissing the application filed by the defendants for revocation of leave granted under Section 92 of the Civil P. C. as well as for rejecting the plaint and alternatively for dismissal of the Suit No. 26 of 1981.

( 2 ) THE above suit was filed by the plain-tiffs on 19th Jan. , 1982 in the Original Side of this Court stating inter alia that St. Thomas School was a public charitable trust and the defendants were Trustees of the said trust. It was alleged that the defendants were guilty of breach of trust. The Board of Governors of the school was reconstituted long before in accordance with the provisions of Section 2 of the St. Thomas School Act 1923 and the term of the Board already expired. It has been stated further that both the plaintiffs are worshipping and subscribing members of the vestry St. Paul's Cathedral, Calcutta and as such under the provisions of the said Act they have right to nominate Governors of the Board of Governors of the said school. Moreover the petitioner No. 2 is also a Teacher in Calcutta Gi

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