IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.30 28.07.2026 Item No.39 Sws.M CO 561 of 2025 Shabnam Ali @ Shabnam Aman vs. Bagnan Teachers Training College & Anr. Mr. Rabindranath Mahato Mr. Aritra Shankar Ray …for the petitioner Mr. Subir Sanyal, Sr.Adv. Mr. Haridas Das Mr. Sutirtha Das Mr. Sourojit Mukherjee …for the respondent No. 1 1. The civil revision has been preferred challenging an order No. 81 dated 08.01.2025 passed in Title Suit No. 405 of 2016. 2. It appears that vide the said order the learned Trial Court was considering an application under Order 22 Rule 3 and Order 1 Rule 10(2) of the Civil Procedure Code filed by the opposite party herein. 3. The Court has recorded that the application has been heard extensively on 06.01.2025 and has proceeded to pass the impugned order. 4. On considering the application under Order 22 Rule 3 of the CPC, the Court proceeded to pass an order as follows: 2 “On cumulative appreciation of clauses 6.0 and 9.05 of the Trust Deed of the year 2006, the order of Hon’ble High Court, Calcutta passed in connection with 16998/2024 dated 18.07.2024 and Soc. 73, 74 of the Indian Trusts Act 1882, it is hereby comprehensively deduced that the present temporary chairman i.e. defendant no, 1 in her official capacity is directed to call for meeting of the present temporary Board of Trustees comprising of the surviving trustees namely, Abdul Jabbar, Md. Firoz and Nasibur Rahaman over the agenda to authorize one representative on behalf of the foundation i.e. Dr. Amanulla Foundation for the purposes of the liability of the trust to sue and to be should against in legal proceedings by or against the foundation. Only after the authorized representative is appointed in lieu of this order, by the next date fixed, this court shall consider to add the said representative as party, to represent the plaintiff institution established under the Dr. Amanulla Foundation Trust. To 15/01/25 for necessary steps by the preset temporary chairman/defendant no. 1 with respect to intimation of appointment of representative authority of the plaintiff institution along with necessary documents and for further order.” 3 5. It is contended by the learned counsel for the petitioner that it is the defendant No. 1, petitioner herein who is to be substituted in place of ‘Ataur Rahaman’, who was representing the plaintiff, Bagnan Teachers’ Training College in the suit by virtue of the Trust Deed being Clause 13.05(c). 6. It appears from the impugned order that the Trial Court did not take into consideration the said Clause in the Trust Deed while passing the impugned order. Neither did the Trial Court allow the application for substitution made by the opposite party herein, but proceeded to pass an order directing the petitioner herein, who is the defendant No. 1 in the suit to conduct a meeting to appoint an authorized representative to represent the college. 7. The petitioner’s contention is that by virtue of the Trust Deed, it is the petitioner, who is the defendant No. 1, should be transposed as the party representing the plaintiff in the suit. 8. Accordingly, considering the said fact the impugned order No. 81 dated 08.01.2025 passed in Title Suit No. 405 of 2016 is set aside with the direction upon the Trial Court to hear the application under Order 22 Rule 3 of the CPC afresh in presence of both the parties and while considering the said application, shall apply its mind and also take into consideration Clause 13.5(c) of the Trust Deed 4 while disposing of the said application and pass a reasoned order in accordance with law within sixty days from the date of communication of this order. 9. The revisional application stands disposed of. 10. Urgent Photostat certified copy of this judgment, if applied for, be supplied to the parties expeditiously after due compliance. [Shampa Dutt (Paul), J.]