(1.) This order shall dispose of an application under Order 7 Rule 11 CPC filed on behalf of defendant No. 1 for rejection of the plaint inter alia on the ground that the suit filed by the three plaintiffs under Section 92 of the Code of Civil Procedure, 1908 cannot continue at the instance of sole plaintiff No. 3 after plaintiffs No. 1 and 2 were permitted to withdraw from the suit vide order passed by this Court on 25.01.2006.
(2.) In order to decide this application it shall be necessary to give a brief background of the case which is as follows:-
(3.) AIWC constituted a Trust in the year 1975 with the object of carrying out the construction of a multi-storeyed building on the land allotted to AIWC; to establish, manage and maintain and provide in the said building [i] an Auditorium for Women's meetings, seminars, discussions and educational and cultural programmes; [ii] libraries, reading rooms, information centres and study circles for women and children; [iii] an international hostel for the young women; and [iv] to provide requisite facilities, amenities and conveniences in connection therewith. Under Clause (5) the Trustees were to get and collect the income and rent of the said building and the income rent interest and dividend of the Trust Fund from time to time and to pay therefrom all costs, charges and expenses relating to management, preservation, upkeep and maintenance of the building mentioned above.