S.RAVINDRA BHAT, J.

1.This order will dispose of an application (IA 11202/08) seeking leave to file a suit, under Section 92 of the Code of Civil Procedure Code, 1908 (hereafter “the CPC”).

2. Briefly, the suit averments, as well as those in the application are that on 14-5-1974, late Manbhari Devi (hereafter “the Settler”)-grandmother of the first plaintiff (hereafter “Vinay”) and the second defendant (“Anil”) set up the first defendant PUBLIC charitable trust (hereafter “the trust”). The trust comprised of Kulwant Rai, (father of Anil and Vinay), and his two brothers, Balwant Rai and Jaswant Rai. The objects of the trust were, charitable and included inter alia, imparting education, setting up and supporting societies or trusts, which were to promote education, health, and well being of people, and also promote literary and other associations, etc. The trust was registered in 1980; the settler, on 20-4-1981, appointed Kulwant Rai as the trust’s Chairman for life, and also appointed Vinay as Managing Trustee, responsible for its day to day affairs. It is alleged that Anil and Satya Paul were appointed as trustees, for two years. Vinay was appointed as Managing Trustee, whi