PATRA, J.

( 1 ) THIS is an appeal against an order of the Subordinate Judge, Puri allowing an application under Order 39, Rule 1. Civil P. C. The facts which are somewhat complicated are these: One Bhagaban Das had two sons Dinabandhu and Daitari daitari had two sons, Narayan and Gopabandhu. Dina-bandhu's only son having died, he adopted Daitari's son Narayan. Narayan being issueless he adopted his daughter's son Sadananda Das (defdt. No. 3 ). Gopabandhu had two daughters. Defendant No. 1 Ratnakar Pati is the elder son-in-law and defendant No. 2 narayan Misra is the younger son-in-law.

( 2 ) SHORTLY before his death. Gopabandhu executed a Will bequeathing the entire joint family properties belonging to him and Sadananda Das in favour of the family deity (defendant No. 4) and created a trust under the terms of which the members of the family were to be maintained out of the usufruct of the trust property. It also provided for the constitution of a Committee for managing the trust. The testator himself was to be the managing trustee and after his death defendant No. 3 was to be his successor in that office. On the death of Gopabandhu, defendant no. 3 became the sole surviving copar