By the Court.—This First Appeal From Order under Section 104 (ffa) of the Code of Civil Procedure arises out of an order passed by the District Judge, Mathura dated 3.10.2012 in Misc. Case No. 21 of 2010 (L.D. Kaushik and others v. Devendra Kumar Modi and others) by which the application filed by the applicants-appellants for leave of the Court to file a suit under Section 92 of the Code of Civil Procedure, has been rejected.

2. We have heard Shri Navin Sinha, Senior Counsel assisted by Shri Yashwant Verma for the appellants. Shri M.K. Gupta appears for respondent Nos. 1, 5, 6 and 10. Shri Rajiv Singh has entered appearance on behalf of respondent Nos. 5 and 10.

3. The appellants filed a Suit under Section 92 of the Code of Civil Procedure with prayers; (a) declare that the present Board of Trustee or Trust Committee comprising of the defendant Nos. 1 to 7 as null and void and remove them from the trusteeship of Rai Bahadur Multanimal Modi Charitable Trust, and to constitute a valid Trust Committee as per the mandate of the Trust deed for administration of the Trust and its properties; (b) direct defendant Nos. 1 to 7 to render accounts of the Trust including rendition of accounts relating to the realisation of the amount from the sale of the properties; (c) order for the inventory of the movable and immovable properties of the Trust; (d) pass a mandatory injunction directing to defendant Nos. 1 to 7 to hand over the trust properties to the Trustees or the Board of Trustees duly appointed by this Court; (e) settle the scheme for administration of the Trust in future; (f) permanently restrain defendant Nos. 1 to 7 from acting as the Board of Trustees or Trust Committee of the Rai Bahadur Multanimal Modi Charitable Trust or sell the properties of the trust or in any way use the funds of the trust for any purpose; and (g) such further and another order as the Court may deem just and appropriate in the facts and circumstances of the case.

4. The applicants-appellants filed an application alongwith the suit for permission of the Court to file the suit under Section 92 of the Code of Civil Procedure for declaration that the present Board of Trustees or Trust Committee comprising of opposite party Nos. 1 to 7 as null and void and to remove them from the trusteeship of the trust and to constitute a valid Trust Committee as per the mandate of the trust deed for administration of the trust and its properties and for direction to render accounts of the trusts including the realization of the amount from the sale of the properties and for preparation of inventory of the properties and other consequential reliefs.

5. The application for leave of the Court to file the suit described the applicants as permanent residents of Modi Nagar and well wishers of the Modi family, and the Trust created by late Rai Bahadur Multani Mal Modi. They described their interest in the property in paragraphs 5 to 9 as follows :

“5. That the applicants want to institute the present suit against the opposite parties herein in the interest of the said Trust and in public interest as there has been a breach of Trust by the present Trustees and directions are required from this Hon’ble Court for administration of the said Trust, removal of the present Trustees and appointment of new Board of Trustees in accordance with the Trust Deed.

6. That the applicants are beneficiaries of the Rai Bahadur Multanimal Modi Charitable Trust i.e. the opposite party No. 10 (hereinafter referred to as the said Trust) and are persons having an interest in affairs of the said Trust, as the applicants from time to time have been undertaking pilgrimages to various religious places and have been staying in Dharmashalas constructed and maintained by various Charitable Trusts including the opposite party No. 10. The applicants are Hindus and religious minded persons and have been frequently visiting religious places for pilgrimage. Whenever the applicants used to visit Rishikesh, Vrindab