JUDGMENT

1. This appeal arises out of a suit for accounts by a trustee under the the following circumstances.

2. One Prem Bibi, a Jain lady, died in 1883 after executing a Will by which she appointed several persons as executors and trustees to carry out the provisions of her Will. She directed all her properties to be converted into money and invested, and the income thereof to be spent for certain religious and charitable purposes.

3. Four of the executors proved the Will, of whom Meghraj was one and Bishen Chand, the original plaintiff in the present suit, was another. Meghraj alone, however, administered the estate and acted as trustee. He died in 1900. On his death his son Jalim Singh acted as trustee: and on his death again his sons, the defendants, acted as trustees. Bishen Chand, one of the original trustees, brought the present suit in 1915 for accounts against the defendants in respect of the trust estate.

4. On the death of Bishen Chand, the original plaintiff, the suit was continued by Mohesh Nath, who had been appointed trustee under power given to the original trustees by Pram Bibi in her Will.

5. The defence was that the plaintiff could not maintain the suit for accounts,