( 1 ) THIS is a suit for setting aside a consent decree in Suit No. 4156 of 1948, for a declaration that the second plaintiff Ratan Bala was and is still a trustee of the estate of Ranubala Dassi, and if necessary for a decree for administration of the trust estate and for a scheme. The plaintiffs are the Deity Sri Sri Mahadev Jew and Ratan Bala Dassi. Originally there were three defendants, defendant 1 was Dr. Benode Bahari Sen who was appointed the Managing Trustee under the said consent decree but who has since retired during the pendency of this suit. After the necessary amendment there are now two defendants, the first one being Bal Krishna Vyas and defendant 2 is Pran Ballav Saha. The amendment, was made under order of Court dated 15-3-1951.

( 2 ) THE facts of the case are briefly these. One Banubala Dassi a woman of the town died on 22-6-1946 after leaving a Will of the same date in which she appointed the two present defendants as trustees of the trust created by the said Will. Probate was granted of the Will on 15-8-1946 to both these defendants. On 21-12-1948 the defendant Vyas instituted a suit being. Suit No. 4156 of 1948 against defendant 2 Pran Ba