Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of a decision on an originating summons issued under Order 45 of the rules of the Original Side of this Court. The summons was taken out by the appellant, the sole remaining trustee of a trust known as the Richmond Educational Trust. The appellant sought an order of the Court permitting a deviation from the trust deed and asked for the appointment of two new trustees. The appellant regarded the trust as a private one and relied on the provisions of Section 34 of the Indian Trusts Act. The matter came before Gentle, J., who dismissed the summons so far as it related to the prayer for permission to deviate from the trust deed, but granted the prayer for the appointment of additional trustees. The appellant has appealed against the first part of the order as he contends that the learned Judge erred in not sanctioning the deviation. The main question however, is whether this trust is to be regarded as being of a public or private nature. If it is a public trust the application did not lie.

2. The trust was created by one Thomas Richmond, a member of the English and the Madras Bars, under a deed dated 11th April, 1918. The