GITA MITTAL, J.

( 1 ) THIS application raises an interesting issue on first principles of adjudication on a application under Section 92 of the Code of Civil Procedure, 1908. The question raised relates to the maintainability of an application under Section 92 of the Code of Civil Procedure, 1908. One of two applicants who have sought leave to sue a trust under Section 92 of the Code of Civil Procedure, 1908 expired. Thus, the moot which requires to be answered is whether the two persons who have submitted the application have to be alive and in existence on the date when the petition is filed or whether the relevant date of their existence is the date on which the application is actually taken up for consideration by the court.

( 2 ) THE facts which give rise to the present petition to the extent necessary for adjudication of the present petition are noticed hereafter. Shri Rahul Jain and Shri Surender Kumar filed an application being IA No. 9572/1999 under Section 92 of the Code of Civil Procedure, 1908 (which is hereafter referred to as the CPC ). It was averred that late Bhola Nath had created a charitable trust in respect of property bearing municipal No. 1042 - 1046 Bazar S