( 1 ) THIS revision petition raises an interesting question as to whether a trustee who has got no trust property in his hands could sue as a pauper on behalf of the trust even if he is possessed of sufficient means in his individual capacity.

( 2 ) ONE Mohanlal Nihalchand the deceased had made a will on 16 March 1949 by which he had given the life interest to one Chanchalben and after her death the estate was to go over to the various trusts. Chanchalben died on 8th September 1958. There were three executors of the said will one of whom was Laherchand who expired on 22nd April 1958 Therefore the present two executors have filed a suit in forma pauperis as plaintiffs Nos. 1 and 2 as the trustees under the will against the main defendants 1 and 2. Defendant No. 1 is the testators sisters daughter and defendant No. 2 is her husband. The suit is for recovery of the properties of the trust in possession of the opponents worth about Rs. 36 0 Opponents Nos. 1 and 2 and other opponents and the Government having taken up a preliminary objection as to the maintainability of this application the learned Civil Judge had come to the conclusion that such trustees who were admitte