: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2522 of 1992 SUIT NO.2522 of 1992 SUIT NO.2522 of 1992 Patuck Polytechnic Trust & Ors. .. Plaintiffs. Versus M.C.Murchia Trust .. Defendants. Mr.I.S.Mecwan for plaintiffs. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 26th August, 2008. DATE : 26th August, 2008. DATE : 26th August, 2008. P.C. :- P.C. :- P.C. :- 1. Learned Advocate Mr.Mecwan upon instructions applies for withdrawal of the suit as the plaintiffs are unable to know the names of the trustees of trust by name M.C.Murchia Trust, the defendants shown in the plaint. 2. Learned Advocate Mr.Mecwan submits that plaintiffs had made all efforts to find out the names of the present trustees of the defendants trust. However, plaintiffs are unsuccessful in doing so. In the peculiar facts and : 2 : circumstances, request of the plaintiffs to withdraw the suit can be granted with liberty to the plaintiffs to file a fresh suit on the same cause of action as and when they come to know the names of the trustees. 3. As applied, the suit is allowed to be withdrawn with liberty to file fresh suit against the trustees of the trust on the "same cause of action". There shall be no order as to costs. Refund of court fees, if any, granted as per the rules. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)