N. Kumar, J.—The appellants-plaintiffs have preferred this Regular First Appeal challenging the judgment and decree of the trial Court dismissing their suit. Respondents 1 to 3 have also preferred a Cross Objection challenging the finding of the trial Court on issue Nos. 12, 21, 23 and additional issue No.6.

2. The suit filed under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the properties of the United Basel Mission Church in India, South Kanara and Coorg. in respect of the plaint A, B, C, D and E Schedule properties and for other consequential reliefs, For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

PLEADINGS

3. The case of the plaintiffs is as under:-

The United Basel Mission Church in India of district of South Kanara and Coorg, for short, hereinafter referred to as 'UBMC. is fully evolved evangelical Protestant Christian Church. It is an autonomous administrative unit, independent of all external control and is governed by its own constitution known as "The Constitution of the United Basel Mission Church in India." The said Constitution is in two parts. The first part is the Constitution and the second part is the Church Rules. The plaintiffs in the suit are interested in the Trust properties belonging to UBMC of South Kanara and Coorg and administered by defendant No.32, The United Basel Mission Church in India Trust Association as Trustee, for short, hereinafter referred to as the Trust Association'. The Trust Association is a Trustee of UBMC. The plaintiffs are also interested in the proper and efficient management of both the religious and secular institutions, activities, assets and affairs of UBMC. Therefore, the suit is instituted for and on behalf of the said Trust and for the benefit of the numerous members of UBMC, who have some interest in the suit as the plaintiffs.

4. According to the plaint averments, the UBMC is a Presbyterian Church, fundamentally different in faith, doctrine, tradition practices and forms of worship from the Episcopal Church known by the name of the Church of South India, for short, hereinafter referred to as 'CSI' which was incorporated on 27.09.1947 by the Union of South India United Church, the South India Province of the Methodist Church and the Churches of the dioceses of Madras, Dornakal, Tinnevelly, Travancore and Cochin in the Church of India, Burma and Ceylon. UBMC is fundamentally different from the CSI. UBMC has been consistently opposing the move initiated by certain interested parties, including the 30th defendant, the Evangellical Missionary Society in Basel (Basel Mission), for short, hereinafter referred to as Basel Mission', which had founded the UBMC to merge this Church in CSI. In spite of opposition to this merger, the interested persons in defendant No.28, i.e., the District Church Council of UBMC at its extraordinary meeting held on 09.05.1961. passed a resolution proposing the merger of the UBMC with the CSI. The said resolution was challenged in a representative suit in O.S.NO.221/61 on the file of the Munsiff of Mangalore, filed by certain members of UBMC on behalf of the members of the UBMC for a declaration that this resolution was void, illegal and ultra vires the powers of the District Church Council under the Constitution UBMC in India. They also wanted a declaration that the said resolution is illegal and void as per the provisions of the Religious Societies Act, 1880 and in particular of Section 6 thereof and not valid and binding on the plaintiffs or other members of UBMC of South Kanara and Coorg. They also sought for permanent injunction restraining the defendants from implementing the impugned merger resolution. The order of temporary injunction was also sought. The defendants in the said suit gave an undertaking to the Court that they would not implement the impugned resolution during the pendency of the suit. The suit was dismissed on 2