MOHD AHSAN ALI KHAN Vs. SYED IBRAR HUSAIN

JUDGEMENT

(1.) This appeal has been tiled by the dismissed trustees from an order of the District Judge approving of the appointment of another trustee to fill a vacancy in pursuance of a scheme settled by the High Court in a suit under Section 92, Civil P.C. Under the scheme that was settled it was provided that in the event of a vacancy occurring by death, retirement, resignation or removal a now mutawalli should be appointed by the committee with the approval of the District Judge. This was Ordered on 26 April 1916.

(2.) A vacancy occurred on account of the resignation of the previous trustee. The committee considered various names and appointed one person as trustee. The learned Judge asked the committee to reconsider the claims of the various available candidates and finally approved of the appointment of Mr. Zaidi as the trustee.

(3.) The learned advocate for the appellants contends that the order passed by the District Judge was an order in execution of the decree originally passed, and therefore was a decree within the meaning of Section 47, Civil P.C. and is appealable as such. By way of precaution a prayer has been added in the memorandum of appeal that, if do appeal has, it should be treated as an application in revision.