( 1 ) SEVEN (out of eleven) trustees of public trust known as Shri Santpath Sampradaya Jyotidham Mandir Nana Kadiya Taluka Nakhtrana Dt. Kutch filed the suit inter alia praying that respondent Nos. 1 to 4 who are acting as trustees of the trust be removed as trustees and be also permanently restrained from interfering with the management of the trust. The respondents appeared in the suit and resisted the same on facts as well as on law points. The respondents submitted an application under Order 7 Rule 11 (d) of the C. P. Code and prayed that the suit was barred by the provisions of Bombay Public Trusts Act 1950 (hereinafter referred to as the Act) inasmuch as necessary consent of the Charity Commissioner before filing the suit has not been obtained and hence the suit is liable to be rejected. The trial Court after hearing the parties came to the conclusion that as per the provisions of Sec. 51 of the Act consent of the Charity Commissioner was necessary before filing the suit in question. Admittedly no such consent has been obtained in the instant case. Hence the trial Court rejected the suit under the provisions of Order 7 Rule 11 (d) of the C. P. Code. Therefore