S.K. Mukherjee, J.—The application for review is not in form. Still, we decided to consider the application for review on merits as we feel that it has no substance.

Admittedly, the property belongs to a trust. The original plaintiff was the trustee of a trust estate. He died leaving behind him his last Will and testament appointing two persons as the trustees to the trust estate.

2. The plaintiff is dead. Therefore, the newly appointed trustees applied for their additions invoking the provisions under Order XXII, Rule 10 of the Code of Civil Procedure.

3. The learned Trial Judge allowed such application and directed addition of those newly appointed trustees by order dated March 13, 2009.

4. The appeal against such order of addition by the defendant was dismissed summarily under Order XLI, Rule 11 of the Code of Civil Procedure.

5. The defendant files this application for review.

6. Mr. Shyam Sundar Manna, learned advocate for the appellant, strenuously, argues that the application under Order XXII, Rule 10 of the Code of Civil Procedure was filed after abatement of such suit and, therefore, this was not maintainable. He heavily relies upon a decision in Kedarnath Kanoria