The main legal point established in the judgment is the inherent powers of the civil court to amend the scheme under S.151 of the Code of Civil Procedure to meet the needs of the time and ensure the efficacy of the administration of public trust.

1. A Jewish Synagogue, once bristling with the activities of its large membership, has now come to a torpid stage due to fast plummeting down of its membership strength, reaching almost rock bottom with only two members now. All others have gone in exodus and perched in their promised land Israel. But the Synagogue is not totally bereft of any activities, for, the only two members have arrayed themselves into the petitioner and the respondent in the present Civil Revision Petition which is an off-shoot of a litigation started almost half a century ago.

2. A scheme has been settled for the administration of the Synagogue as early as 14-3-1123 (M. E.) pursuant to the final decree passed in the suit. The scheme contains a provision, inter alia, for its future modification. It is as follows:

"If it appears that a modification on any of the provisions of this scheme is necessary on account of any reason whatsoever, the general body may take a decision on it and report to the court; the court shall, after conducting such enquiry as it deems fit, allow such modifications as are necessary".

3. The petitioner filed I.A. No. 183 of 1979 before the District Court, Ernakulam for modification of the scheme so as to bring about some changes. As per the present scheme only male members who have attained the age of 18 are recognised as members. The proposed modification is to include female members also. The other changes proposedare intended to meet the situation on account of the consequence of the dwindling down of its membership to just two in number.

4. The learned District Judge had dismissed I. A. No. 183 of 1979 and hence this Civil Revision Petition.

5. The learned District Judge himself seems to be appreciative of the modifications asked for by the petitioner. The women were not given the right to membership during a time when the society has not grown to a stage to recognise their equal rights along with men. But the efflux of half a century has brought about revolutionary changes in the approach to women, and the Constitution of India itself is the best document evidencing this awareness as it guarantees against the discrimination on the ground of sex only. Denial of right to membership to the females just because they are such, is now regarded on all hands as unjust and primitive. There is no contest from the other side on the proposition that the object of the modification suggested is a laudable one. The only way it could be forestalled, according to the respondent, is by saying that the procedure for modification must be in strict compliance with the existing stipulation in the scheme to bring about such modifications. But that stipulation has now been rendered practically unworkable because of the unforeseen depletion of the membership strength. Even the learned District judge has given expression to it in the following words:

"It is true that there is no likelihood of this stipulation being carried out; only two members are left and they are at logger-heads; there is no possibility, even a remote one. of a meeting of the General Body convened." (emphasis supplied)

After making the above comment the District Judge has concluded: "Still, the court is helpless to afford relief because its power will arise only when the pre-conditions are satisfied".

6. The argument in this case is mainly to persuade me to hold that the Civil courts have not reached such a stage of helplessness as it cannot afford protective measures when the administration of public trust, for which the court had framed a scheme, has come to a stand still. The scheme of administration is the by-product of the decree passed in a suit filed for settling a scheme under S.92 of the Code of Civil Procedure. A modification of the scheme does not involve the alteration of the decree. In fact the modification of the scheme, as and when the situation warrants it, is only a method for giving effect to the decree passed in the suit. Perhaps, even the absence of some m