1. The two applications under consideration are I.A. No. 3213/2009 filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) on behalf of defendant nos. 2 and 3 for rejection of the plaint and I.A. No. 3240/2009 filed by the plaintiffs under Section 151 of the CPC for replacing defendant no. 1 as the Trustee of the properties which are subject matter of the present suit (contained in Schedules “A” and “B”) by appointing an appropriate person as Trustee pending the final disposal of the suit.

2. The brief facts leading up to the filing of the two applications are that plaintiff no. 1 and defendant no. 2 are the sons of Late Sh. Narendra Singh Singhi and plaintiff no. 2 and defendant no. 3 are their respective wives. Defendant no. 1 is the mother of plaintiff no. 1 and defendant no. 2 and the wife of Late Sh. Narendra Singh Singhi.

3. Late Sh. Narendra Singh Singhi passed away on 23.12.1967. By way of a Will dated 8.6.1966 Late Sh. Narendra Singh Singhi bequeathed his immoveable property at 48/2 Gariahat Road, Ballygunge, Kolkata to his four daughters, all of whom have not been made party to the present suit as they have