Joint trustee representation required where trust property liability is in issue; appeal by only some trustees was incompetent.

Co-trustees generally must act together because the office of trustee is joint, especially where the liability of trust property is in issue. An appeal filed by only some trustees, without impleading the remaining trustees, was therefore defective. Order 41 Rule 4 CPC did not apply because the decree was not based on a common ground applicable to all trustees, and Order 41 Rule 33 CPC could not cure the foundational defect in the absence of the other trustees. As no amendment was sought to bring them on record, the appeal risked inconsistent decrees and was held incompetent, leading to the appellate decree being liable to be set aside.

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Issues: Whether an appeal filed by some co-trustees alone, without impleading the remaining trustees, was competent when the decree affected the trust.

Analysis: The office of trustee is a joint one, and co-trustees must ordinarily act together where the liability of trust property is in issue. Order 41 Rule 4 of the Code of Civil Procedure, 1908, was held inapplicable because the decree did not proceed on a ground common to all the trustees in the manner required by that rule. Order 41 Rule 33 of the Code of Civil Procedure, 1908, could not cure the foundational defect in the appeal. Since the remaining trustees were not before the appellate court and no amendment was sought to bring them on record, entertaining the appeal risked conflicting decrees and could not be justified on the facts.

Conclusion: The appeal filed before the District Judge was incompetent and the appellate decree was liable to be set aside.

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