RAMACHANDRA IYER C.J.

This is an appeal against an order passed by the learned Subordinate Judge of Tirunelveli returning a plaint presented in due conformity with the provisions of section 92 of the Civil Procedure Code for presentation to the proper court, the company court. One Manthiram Pillai established on 15th May, 1918, a middle school for the benefit of the general public of Tirunelveli Town. In a short time the school developed into a high school and the founder in order to put its management on a firm basis executed a document vesting the school and its properties in a committee called the Manthiramurthi High School Committee providing, inter alia, for the appointment and succession to the office of the members of the committee. The committee was registered under section 26 of the Indian Companies Act, 1913 (which corresponds to section 25 of the 1956 Act). That provides for the incorporation of associations which are not formed for the purpose of making any profit in the sense in which it is commercially understood

There can be no doubt that the endowment will constitute a public charitable trust

The appellants claiming themselves to be interested in the trust