in person and learned counsel for the proposed respondent nos. 1A and 1B, who were proposed to be joined as defendants by way of Chamber Summons No. 1873 of 2011, we are of the view that the impugned order deserves to be set aside as even after the death of defendant nos. 1 to 3 who were trustees, the plaintiffs' prayer for appointment of the other trustees, i.e. prayer clause (b) is still surviving. Since the plaintiff claims that proposed defendants 1A and 1B are inter-meddling in the affairs of the Trust and are out to dispose of the trust property, the suit will have to be heard and decided on merits and till the notice of motion is heard and decided on merits, the proposed defendants will have to be restrained from transferring, alienating, disposing of or in any manner dealing with the suit property including operating the bank accounts of the trust. Accordingly impugned order dated 17th November, 2011 passed by the learned Single Judge disposing of the suit as having abated is set aside. Suit No. 1478 of 1981 still survives as the cause of action for the above suit still survives and the same is restored to file. The suit along with all the Notices of motion and chamber summons filed by the appellants/original plaintiffs are restored to file and the same shall be heard and decided by
