( 1 ) THIS is a very unfortunate proceeding in which the plaintiff a minor at the time of the institution of the suit has been pushed by different orders of different courts from pillar to post with the result that 15 years after its institution his suit has not been entertained by any court till today. There is no dispute that his suit is of a civil nature and he complains of a civil wrong done to him for which there must not only be a remedy but there must also be a forum for availing of the remedy.

( 2 ) THE plaintiff minor through his next friend filed a regular civil suit No. 56 of 1956 against one Jadavji Govindji who died pending the suit and his heirs defendants Nos. 1/1 to 1/9 have been brought on record and defendant No. 2 one Purshottam Gagubhai alleging that they were trustees of a trust created by the father of the plaintiff and they were realising the income of the trust property and that they should render accounts of the income of the trust property received by them and pay certain amount out of the income so realised and deposited with the Bank of India at Bhuj. Let it be distinctly made clear that the prayer in the suit was that the defendant trustees should render accounts of the income of the trust property realised by them and the costs of the suit and any other relief ancillary and incidental to the main relief. The suit was instituted in the Civil Judge (Senior Division) at Bhuj and was transferred to Joint Civil Judge (Junior Division) Bhuj. The defendants appeared in the suit and raised diverse contentions one of them being that the court of the Civil Judge Junior Division Bhuj had no jurisdiction to entertain the suit but the District Court alone had jurisdiction to hear the suit in view of some of the provisions of the Indian Trusts Act 1882 In view of this contention taken by the defendants the learned Joint Civil Judge Junior Division Bhuj raised an issue as to whether the court of the Civil Judge Junior Division Bhuj had jurisdiction to hear the suit. The learned Judge held on construction of the plaint that the suit is one for removal and appointment of new trustees as well as for extinguishments of the trust and further held that the principal Civil Court of Original Jurisdiction meaning thereby the District Court alone had jurisdiction to entertain the suit and accordingly passed an order that the plaint be returned for presentation to the proper court. This order was made on 14th April 1959 The plaintiff obeyed the order and accepted the plaint and presented it to the District Court at Bhuj where the Civil Suit was registered as Civil Suit No. 1 of 1962. The learned District Judge after hearing both the sides come to the conclusion that the suit was a suit simplicitor for accounts from the trustees of a private trust and therefore the Court of Civil Judge Junior Division had jurisdiction to entertain the suit. In accordance with this finding the learned District Judge passed an order on 19th March 1964 that the plaint be returned to the plaintiff for presentation to the proper court. The plaintiff again in obedience to this order accepted the plaint and presented it in the Court of the Civil Judge Senior Division at Bhuj where it was initially instituted. Possibly at that time there was no court of Joint Civil Judge (Junior Division) at Bhuj and therefore the Civil Judge (Senior Division) took the suit on his file. The Civil Judge (senior Division) felt doubt whether it would be open to him to entertain the suit until the first order passed by the Joint Civil Judge (Junior Division) was duly set aside by a court of superior jurisdiction. The learned Civil Judge (Senior Division) passed an order observing that even though he had jurisdiction to entertain the suit but till the first order was set aside it would not be open to him to entertain the suit. In accordance with this finding; he passed a very curious order which is as follows:-FOR reasons stated above this court cannot re