Manohar Mookerjee vs Raja Peary Mohan Mookerjee And Ors. on 24 July, 1919
We proceed to consider the next question arising in this
appeal, viz., whether the plaintiffs are entitled to ask for
the settlement of a scheme even on the assumption that they
were not co-founders of the trust. The parties in this case
have proceeded on the footing that the trust is a private
trust, but the authorities establish that even in the case
of a private trust a suit can be filed for the removal of
the trustee or for settlement of a scheme for the purpose of
effectively carrying out the objects of the trust. If there
is a breach of trust or mismanagement on the part of the
trustee, a suit can be brought in a civil court by any
person interested for the removal of the trustee and for the
proper administration of the endowment.-(See, for example,
Pramatha Nath Mullick's case(1) and Manohar Mookerjee v.
Peary Mohan(2). There are also authorities to the effect
that a Civil Court may frame a scheme in the ,case of a
private endowment at the instance of the parties interested.