Judgment

DUTT, J.-This appeal by special leave at the instance of the defendants is directed against the judgment and decree of a learned Single Judge of the Karnataka High Court whereby the learned Judge reversed the judgment and decree of the Additional Civil Judge, Mangalore, affirming those of the Munsif, Mangalore, dismissing the suit filed by the plaintiff-respondents.

2. The respondents, who are the members of the United Basel Mission Church (for short UBCM) of South Kanara and Coorg, instituted a suit in the court of the Munsif, Mangalore, praying for a declaration that the resolution dated May 9, 1961 passed in the extra ordinary meeting of the District Church Council of UBMC of South Kanara and Coorg proposing the merger of UBMC of South Kanara and Coorg with the Church of South India was void, illegal and ultra vires the Constitution of UBMC and also the provisions of the Religious Societies Act, 1880 and not binding on the respondents or other members of UBMC of South Kanara and Coorg. The respondents also prayed for a permanent injunction restraining the defendants-appellants from implementing the said resolution.

3. The Evangelical Missionary Society in Basel (Basel Mis