( 1 ) THIS revision is from an interlocutory order passed by Shri V. S. Pyasi, 2nd additional District Judge, on a preliminary objection raised by the plaintiff.

( 2 ) THE learned trial Judge rejected the plaintiffs objection that (1) paragraphs 11, 12, 13, 14, 15, 17, 18, 19, 20, 23, 24 and 28 be struck out as being unnecessary, irrelevant and frivolous, (2) likewise, paragraphs 2 and 27 of the written statement be also directed to be struck out.

( 3 ) THE plaintiff has been described as "singhai Karelal Kundanlal Trust, through managing trustee Balchand Malaiya"'. It is averred in the plaint that the trust has been carrying on business of Kachchi Adhat (Commission agency) from october 24, 1930. By resolution dated December 28, 1972, the trust committee has appointed Bal Chand Malaiya, managing trustee to institute the present suit.

( 4 ) THE defendants in their written statement disputed the plaintiffs competence to sue. They have given different reasons-It is said inter alia in paragraph 27 that the trust was cancelled by a registered deed dated March 31, 1959.

( 5 ) IN the plaintiff's application to strike out these pleadings certain facts to support the plaintiffs competence t

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