( 1 ) FIRST Appeal No. 90 of 1973 has been filed by the appellants who were alongwith respondent No. 1. trustees of the trust known as Shri Sanskar Bharati Trust which was registered under the Bombay Public Trusts Act 1950 (which will be hereinafter referred to as the Act ). against the order passed by the learned District Judge Bulsar at Navsari in Civil Miscallaneous Application No. 23 of 1969 filed by them under sec. 28 of the Act against the order passed by the learned Charity Commissioner in suo motu scheme proceeding No. 31 of 1966 framing the scheme for the trust in question. The learned District Judge has dismissed the aforasaid civil application filed by the applicants under sec. 72 of the Act. Respondent No. 2 is the Charity Commissioner. . . . . . . . . . . . . . . . . . . .

( 2 ) MR. I. M. Nanavati appearing for the appellants made the following submissions: (1) On a true interpretation of sec. 50-A of the Act the Charity Commissioner has jurisdiction to frame a scheme only in a case where a trust exists but there is no scheme for its administration. (2) Even if the power under sec. 50-A of the Act can be exercised despite a scheme being in existence for