Sinha, J. : This is an appeal preferred by the appellant challenging the judgment and order dated 23.5.2001 passed by the Ld. Trial Judge in G.A. No. 3113 of 2000 arising out of A.T.A. NO.3 of 2000.

2. The appellant's case is that, he filed an application before the learned Court below assailing ex-parte order dated 8.3.2000 obtained by the respondent on an application filed under Sections 73 and 74 of the Indian Trusts Act (hereinafter referred to as the Act), praying for appointment of a new Trustee. It was alleged by the appellant/petitioner in the said petition that Pradeep Coomar did not implead the applicant or other persons interested in the trust property and without serving notice on them obtained the order dated 8.3.2000 which was subsequently corrected by the order dated 7.4.2000 whereby his wife Smt. Basavadatta Coomar was appointed as trustee of the alleged trust.

3. It has been contended by the appellant that in the application filed under Sections 73 and 74 of the Act the respondent Pradeep Coomar averred that Smt. Monmohini Coomar executed a deep of trust on 9th June, 1966 whereby she trusted several movable and immovable properties into the trust and appoint