Judgment

S.B. Sinha, J.—Leave granted.

2. This appeal is directed against the judgments and orders dated 06.10.2005 and 10.10.2005 passed by a learned Single Judge of the High Court of Gujarat at Ahmedabad in First Appeal No. 988 of 2005 whereby and whereunder the appeal preferred by the Appellants herein from a judgment and decree dated 07.04.2005 passed by the Extra Assistant Judge, was dismissed.

3. The basic fact of the matter is not in dispute.

The Church of Brethren General Board (India) (CBGB) is a trust registered under the Bombay Public Trust Act, 1950. It has a scheme of trust for administration, management including indicating mode of succession for appointment of trustees. In 1971 the Church of Brethren General Board (India) came into existence, which was registered in 1971. A public trust known as "Church of North India" (CNI) was also registered before the Charity Commissioner in the year 1980-81. Yet another trust known as `First District Church of Brethren’ was registered under the Societies Registration Act, 1860 as a public trust as also in terms of the Bombay Public Trust Act. Interpretation and application of Clause 9 of the scheme of CBGB was the subject matter of