Present: Mr. Justice Wendt and Mr. Justice Middleton.

AHAMADO et al. v. LEBBE MARICAR el al.

Trustees, application, for appointment of-Written consent of the Attorney-General-Civil Procedure Code, s. 639,

The written consent of the Attorney-General required by section 639 of the Civil Procedure Code is a sine qua non for the maintenance of any action for the removal or appointment of any trustee in respect of a public charitable trust.

Wendt J. -Ordinance No, 7 of 1871 was intended to deal with private, and not public, trusts.

THIS was a proceeding to obtain the appointment by the Court of trustees of a certain public charitable trust created by the last will of one Uduma Lebbe Marcar Cassim Bawa. The facts are fully stated in the following petition of the applicants: -

" 1. That the petitioners and 1st, 2nd, and 3rd respondents are Moors, and the 4th respondent Sinhalese, and they reside-the 1st petitioner at Kaluwella, the 2nd at Talapitiya, and the 1st and 3rd respondents at Dangedera, the 2nd and 4th at China Garden, all the said places being within the jurisdiction of this Court.

" 2. That Hadjie Marcar Kuppa Ta