Hon’ble Pankaj Mithal, J.—Heard Sri Birendra Singh, learned counsel for the petitioners and Sri Vishesh Kumar, learned counsel for the respondent Nos. 1, 2 and 3.

2. The affidavits exchanged between the parties have also been perused.

3. The writ petition is directed against the order dated 19.1.2013 passed by the Additional District and Sessions Judge in Misc. Case No. 14/70 of 2012 Gyan Prakash and others v. Karunanidhi and others. The Court of first instance by the said order granted permission to respondent Nos. 1, 2 and 3 to institute suit under Section 92 C.P.C. against the petitioners in respect of Salik Ram Trust.

4. The only submission made on behalf of the petitioners is that under Section 92 C.P.C. a suit only in respect of a public trust of a charitable or religious nature can be brought about with the leave of the Court. The trust in question is not a public trust and, therefore, the Court below has manifestly erred in passing the impugned order.

5. In support of his argument learned counsel for the petitioners has relied upon the affidavit of respondent No. 1 a certified copy of which has been filed as Annexure - 7 to the petition. It is dated 19.1.2013 and is