Interest of persons has to be determined on the facts with reference to which the suit is brought.

A.Kulasekaran, J.

Since the issues involved in both these appeals are correlated, these appeals are being disposed of in common.

2. Plaintiffs are appellants in these appeals, which are filed against the common order of a learned single Judge of this Court, revoking the leave granted, under Section 92 of C.P.C., and dismissing the applications for impleading the Trust.

3. Leave was originally granted by an order dated 27.02.2002 in Application No.567 of 2002, to institute a suit only against the respondents herein under Section 92 of C.P.C., As the appellants failed to array the Trust as a defendant in the suit, later, an application to implead was filed. On the application preferred by the respondents herein to revoke the leave, the learned single Judge passed a common order allowing the application to revoke the leave and dismissing the application to implead.

4. Philanthropist Sir John De Monte was a Roman Catholic and a descendant of the Portugees, who settled down in India. He was gifted with brilliant talent, but not with money, during his childhood. He was employed by Mr.Christopher Bilderbeck as a Dubash. His honesty and ability placed him to the status of marrying Mary Bilderbeck, sister of Christopher Bilderbeck. Later, he amassed substantial wealth and acquired a lot of property, both movable and immovable. De Monte was a man of great religious faith and he constituted various religious, pious and charitable establishments and Trusts. De Monte left a Last Will and Testament dated 19th July, 1820, and subsequently, a CODICIL to the Will was signed and sealed on 25th April, 1821, thereby he bequeathed vast extent of properties in favour of "John De Monte Trust", which is named after him. The said Great man's noble thought and philanthropic attitude was to render services to the needy. The said Will was also probated by the Supreme Court of Judicature at Madras on 28th September, 1827.

5. The properties of the Trust have been managed by Madras-Mylapore Arch Diocese. The appellants herein made allegations against the respondents that the properties of the Trust were being mismanaged in violation of the instructions of the testator and a substantial extent of immovable properties were sold. One of the properties of the Trust is comprised in R.S.No.3923 of Mylapore Village of a total extent of 257 grounds and 81 sq.ft., consisting of buildings, which is commonly known as Bens Garden, which was proposed to be leased for long term to the seventh respondent, without proper advertisement or notice to the general public. The second respondent filed O.P.before the original side of this Court, seeking permission for long term lease to be given to the seventh respondent, which was also objected to by the appellants herein. The appellants felt that it was proper to file a suit under Section 92 of C.P.C., as this Court is the custodian of religious and charitable trusts, for removing the trustees, rendition of accounts and recovery of the properties alienated and to constitute a committee to manage the properties in the hands of the trust.

6. Leave was granted to the applicants on 27.02.2002, by the Original Side of this Court, to file a suit under Section 92 of C.P.C. The Trust not was arrayed as a party in the suit, hence they filed an application to implead the Trust as one of the defendants. The respondents also filed an application to revoke the leave.

7. The learned single Judge, after hearing both sides, revoked the leave granted and also dismissed the applications for impleading, on the ground that though the appellants are respectful persons of the locality and not the persons interested in the Trust, the averment of mismanagement of the Trust properties was also not accepted and implead application cannot be allowed to cure the defect.

8. Learned Senior Counsel Mr.Sriram Panchu, appearing for the appellants, has submitted that the first appellant is a retired IAS Officer, having held offices of Secretary to Governmen