JUDGMENT

B.K. Mukherjea, J. - These two rules are directed against certain orders of the Subordinate Judge, First Court, 24-Parga-nas, made in Title Suit No. 53 of 1940 pending before him by which permission was refused to the petitioners, who are some of the plaintiffs in that suit, to withdraw from it and to have their names struck off the record as parties plaintiffs. The suit was instituted by a large number of persons who purported to be shebaits of a certain deity known as Lakshmi Janardan Jew established by the Nandis of Jamgram in the district of Hooghly and the defendants are all co-shebaits of the plaintiffs. The prayers in the plaint are of a twofold character. The first prayer is for a declaration that plaintiff 1 has been duly elected one of the managing shebaits of the deity in place of defendant 1 who has been validly removed by the majority of the shebaits in accordance with the provisions of the deed of endowment. The second and the alternative prayer is for removal of defendant 1 as one of the managing shebaits, by the Court, if lie has not been validly removed by his co-shebaits already, on grounds of misappropriation and breach of trust. On 24th February 1941 two