[Mr. Hamidul Huq Chowdhury created a Trust by a regd, deed. He had one son & 6 daughters. His son applied for appointment of Trustee of the Trust. His daughters mainly of whom opposed it and filed a suit challenging the Trust and for partition.]
The scope of section 74 of the Trust Act is limited only to cases and executable one. Creation, validity, existence and executality of the Trust being disputed, the trial court correctly held that if the miscellaneous case u/s 74 of this Trust Act be proceeded with, conflicting decision might be given which might have led serious complication. Stay of misc. case stayed till disposal of title suit granted.
Khalid Hamidul Huq Vs Naf Chowdhury & Ors. 3BLT (AD)-123
Section-74 An alien friend—Section 83 of C.P.C. citizen of India being alien friends can sue in the court of Bangladesh and there will be no bar under Section 83 of the Code of Civil Procedure for filing the miscellaneous case for appointment of New Trustees.
Nakul Chandra Saha Vs. Golok Chandra Roy & Ors. 6BLT (AD)-156.