Burn, J.

1. This is an application to revise the order passed by the learned Subordinate Judge of Trichinopoly on 5th October, 1938, in O.S. No. 32 of 1913. The suit was a. scheme suit in which a scheme was framed for the Sri Kailasanathaswami temple at Tirumanur. Under the scheme the Subordinate Judge of Trichinopoly is entrusted with the duty of appointing trustees to fill vacancies as they arise. The order of the lower Court shows that three vacancies arose in the office of trustee and the learned Subordinate Judge was moved to fill up the vacancies. The matter was posted for hearing to the 28th July, 1938, and on that date the learned Subordinate Judge passed an order appointing the present petitioners a& trustees. The order, however, was not issued from the office. On the 1st August, 1938, an application was made by one Manikkam Pillai who had been a candidate for the office of trustee to the Subordinate Judge praying that the order of the 28th July appointing the three trustees should be set aside, that the matter should be reopened and the petition disposed of after hearing all the applicants. It was alleged in the affidavit filed in support of that application that o