JUDGMENT

Rajendra Babu, J.-A deed of declaration was executed by S.B. Adityan consisting of himself, his elder brother S.T. Adityan and the first respondent herein, B. Ramachandran Adityan as Trustees on 1.3.1954. Under a deed of resignation dated 19.5.1959 the first respondent herein resigned as Trustee and also as Director of Daily Thanthi. By a deed of appointment of trustees executed on 22.5.1959 the first appellant B.S. Adityan son of S.P. Adityan and the second appellant were appointed as one of the new trustees and also to be the Director of Daily Thanthi. A supplementary deed was also executed on 28.6.1961. On 8.11.1961 the Founder resigned. On 2.3.1962 a decree was passed by the High Court in C.S. No. 90/1961 approving the supplementary deed dated 28.6.1961. On 27.12.1963 S.T. Adityan resigned. In the last week of June 1978 the Founder executed three deeds of appointments of trustees appointing himself, his elder brother S.T. Adityan and the first respondent as additional trustees of Thanthi Trust. The Appellants filed applications under Section 92 Civil Procedure Code (CPC) for leave to file suits challenging the said appointments and leave was granted and the said suits a