ORDER : This is a petition seeking to revise the order of the Principal Subordinate Judge, Tiruchi, holding that an application for removal of trustees in a scheme suit is not maintainable, and that the remedy of the petitioners is to file a proper suit for the purpose of the removal of the trustees. A scheme was framed for the management of Tennur Hazarat Kutbisha Durga wake by the Sub Court on 31-7-1937. The petitioners are sharers belonging to Bibi Sahib's branch. The second respondent in the lower court was the hereditary trustee, and, other, non-hereditary trustees. The petition was opposed on the ground that the application was not maintainable.

2. The scheme decree provides for the appointment of trustees. Clause (6) of the decree provides that non-hereditary trustees shall hold office for five years subject to the removal by court in the meanwhile for misfeasance, malfeasance or non-feasance. According to the respondents, for the purpose of removal of trustees on the ground of misfeasance, malfeasance or non-feasance, a proper suit has to be filed and an application in execution would not lie. The petitioners, on the other hand, contended that, as the scheme decree