Hon’ble Sudhir Agarwal, J.—Heard Sri Dharam Pal Singh learned Senior Advocate assisted by Sri C.K. Parekh for appellants and Sri Virendra Singh, Sri Apoorva Bhatt, Sri Ajay Kumar Singh and Smt. Swati Agarwal, Advocates for respondents.

2. This is defendants appeal under Section 96, Civil Procedure Code (hereinafter referred to as ‘CPC’) read with Section 47 of Charitable Endowments, Act VIII of 1890 (hereinafter referred to as ‘Act 1890’) arising from judgment and decree dated 17.8.1972 passed by Sri O.P. Saxena, Ist Additional District Judge, Varanasi in Original Suit No. 6 of 19701 (Suparas Das Jain and others v. Kumari Padma Agrawal and others)

3. The plaintiffs instituted aforesaid suit under Section 92 of Indian Trusts Act, 1882 (hereinafter referred to as ‘Act 1882’) in the Court of District Judge, Varanasi, after having obtained permission of Advocate General. The suit was instituted seeking relief of a direction for framing of new scheme for management of Trust in question, appointment of new Trustees, accounting of money realised by defendants from 19.9.1964 an