Kanchan Chakraborty, J.

1) The challenge in this revision application is to the order dated 29.10.2005 passed by the learned Additional District Judge 9th Court at Alipore in Misc. Case No. 18 of 2002 whereby the learned Court found the case not maintainable in his Court and directed to return the application under Order 7 Rule 10 of the Civil Procedure Code with a liberty to file the same in the appropriate Court having jurisdiction to try the same.

2) The backdrops of this revision application is stated below; in short :

a) One Rajani Kanta Nundun, since deceased, the predecessor-in- interest of the parties to the Misc. Case no. 18 of 2002 executed a deed of settlement dated 3.4.1958, registered on 18.4.1958 whereby he created a religious and charitable trust in favour of his family deities, Sri Sri Sridhar Narayan Jiwe Thakur and Srimati Mahalakshmi Thakurani. Rajani Kanta Nundun installed the deities mentioned above in a ‘Thakurghar’ on the roof of the second floor of the premises no. 27A Beni Nundun Street. By the said deed of settlement creating trust Rajani Kanta Nundun appointed himself as the first trustee and shebiat for the purpose of said trust. The modalit