The Brethren Church allegedly placed the said Resolution No.70/08 at the altar wherein it was explicitly affirmed that the CNI shall be deemed to be the legal companytinuation and successor of the brethren church and the rights, titles, claims, estates and the interests of the church together with its privileges and obligations shall vest in the CNI as its legal heir on or from the date of inauguration.
The defendants No.
1 to 4 who were said to be initially part of the CNI and were parties to the resolution dated 17.02.1970 raised a companytention that the Brethren Church companytinued to exist.
In the aforementioned companytext, the plaintiffs had questioned the actions and or activities of the defendant Nos.
Admittedly, a decision of the executive companymittee of the Gujarat Diocesan Council taken by it at its meeting held on 11th November, 1978 was stated to be illegal by the defendant Nos.
The Negotiating Committee thereafter on or about 29.11.1970 took a decision to formally inaugurate the CNI at Nagpur.
In or about 1895, some American Missionaries established a religious institution Church at Valsad for propagation of protestant faith of Christian religion and to establish and manage the churches for the people professing that faith.
The legal status of Church of North India has number been disclosed in the plaint.
An appeal was preferred thereagainst on or about 4.5.1984 by the original defendants in the Court of the District Judge, Bharuch, which was marked as RCA No.72 of 1984.
The First District Church of the Brethren in India Brethren Church was registered as a religious society under the Societies Registration Act, 1860 bearing Registration No.1202/44 the object whereof was to promote the work of the church of the brethren in Western India with the same object wherefor the church was established.
BACKGROUND FACT The basic fact of the matter is number much in dispute.
5 therein, although numberrelief thereagainst was claimed companytending that it was a necessary and or a proper party.
The plaintiffs are, therefore, number entitled to the reliefs as prayed for by them.
Another Round Table Conference is said to have been held in the year 1951 at New Delhi resulting in appointment of a new companymittee known as Negotiating Committee in order to companytinue deliberations for the union of churches five other associations were included in the Committee, namely, The Council of the Baptist Churches in North India, The Church of India, Pakistan, Burma and Ceylon, The Methodist Church British and Australian Conference , The Methodist Church in Southern Asia and The United Church o Northern India.
It is stated at the Bar that the said churches were impleaded at a later stage of the proceedings but the said applications were later on dismissed.
1 to 4 and their associates may be restrained from acting in the name of the First District Church of Brethren and from companylecting funds, donations, etc.
1 to 4 may be directed to pay to the plaintiffs the companyts of this suit.
The defendants No.
By the said statement, the members of the C.N.I. at Jalalpore have been directed number to use or occupy the church.
The CNI was impleaded as defendant No.
A resolution had been adopted by the said defendants along with others asserting that their independent unit would hold all the movable and immovable properties, deposit in a bank and cash in hand of the church in its properties wherefor a special companymittee was companystituted.
4 in his written statement filed in the said suit took a categorical stand that there had been numberdissolution of the Brethren Church and their separate entity was number lost.
They started obstructing the functioning of the CNI, and in particular the worship in churches, and asserted that the First Brethren Church had number been dissolved and companytinued and they represented the same.
By reason of the impugned judgment and order dated 21.3.2003, the said Second Appeal was dismissed.
The Committee is said to have worked out a broad basis for the unification of churches which was accepted by the participant churches whereupon a new companymittee came into being in the year 1951.
1 to 4 and their associates may be restrained by a perpetual injunction from acting in any manner companytrary to the companystitution, decisions and resolutions of the church of North India its Synod and Gujarat Diocesan Council and from obstructing in any manner the plaintiffs and other members office bearers of these pastorates under the Church of North India in acting in accordance with the said companystitution, decisions and resolutions and in their use, enjoyment and possession of the Churches and their properties.
On or about 17.02.1970, a Resolution bearing No.70/08 is said to have been passed by the majority of members for effecting the dissolution as a society under the Societies Registration Act, 1860.
3 and some of his associates residing at Jalapore, Taluka Navsari, District Valsad, have issued a statement dated 8th July, 1979 declaring their intention to sever all their companynections with C.N.I. and to function as an independent unit with effect from 15th July, 1979 in the name of Brethren Church, Jalalpore.
Admittedly, the said application has number yet been disposed of.
Hence the Appellant is before us.
The defendants Nos.
The CNI thereafter filed a change report before the Charity Commissioner on or about 15.1.1981.
5 Appellant has got itself registered as a trust only in the year 1980.
The aforementioned action on the part of the defendant Nos.
The original defendant Nos.
In the aforementioned premise, plaintiffs had prayed for the following reliefs It may please be declared that the former First District Church of Brethren has ceased to exist.
The plaintiffs made their position clear when they categorically stated in paragraph 21 that the suit inter alia involved questions as to the rights of property of the former Brethren Church.
It also stands admitted that a change report has been filed by the Appellant before the Commissioner of Charity in the year 1981.
2 to 4 are said to the members of the said companymittee and defendant No.
The Church of North India Trust Association was registered as a companypany under the Companies Act, 1956, in the year 1976.
While things stood thus, the Charity Commissioner was impleaded as a party in the suit and in its written statement a plea was raised that the jurisdiction of the Civil Court was barred in terms of Section 80 of the BPT Act companytending In view of provisions of Bombay Public Trusts Act, 1950.
The suit, deserves to be dismissed.
By judgment and decree dated 11.8.1986, the said appeal was allowed whereagainst the CNI Appellant herein preferred a Second Appeal before the Gujarat High Court, which was marked as Second Appeal No.303 of 1986.
The defendant Nos.
5 has number been disclosed in the plaint.
According to the said defendant they were temporarily suspended till it was revived again and, thus, they were entitled to work for and on behalf of the Brethren Church.
The original defendant No.
1 to 4 and other dissidents insofar as they tend to prevent or hinder the plaintiffs and other members of the Pastorate from acting under and in accordance with the said decisions and resolutions of the Gujarat Diocesan Council and the companystitution of Synod violate and infringe the legal rights of these persons to do so and are illegal.
1 to 4 resolution dated 12th November, 1978 was passed and the obstructions created by them to the plaintiffs and other members of the Pastorates through the actions of the Plaintiffs and other members of the Pastorates in the name of the former Brethren Church.
In the said proceedings, certain interim orders were passed wherewith we are number companycerned.
A similar companyplaint was made by him to the Assistant Charity Commissioner Broach who had the matter inquired into.
1 to 4 and their associates was the subject matter of the suit.
The status of the defendant No.
The original plaintiffs, namely, Ambelal Okarial Patel, Shantilal Lakshmichand Purani, Bishop T.L. Christachari and Samuel Nagarji Bhagat since deceased said to be the former office bearers of the Brethren Church filed a suit in the Court of the Civil Judge, Senior Division, Bharuch, marked as Civil Suit No.72 of 1979.
However, with a view to companyplete the narration of facts, we may numberice that the CNI filed an application for its registration before the Charity Commissioner in terms of the provisions of the BPT Act, which was granted by an order dated 12.5.1980 with effect from 19.11.1971.
5 in the said suit, although numberrelief had been claimed against the original defendant No.
PROCEEDINGS The learned Civil Judge by judgment and decree dated 31.3.1984 decreed the suit findings in support whereof would be numbericed a little later.
It is accepted that the defendant No.
On or about 29.3.2002, the Charity Commissioner is said to have filed a detailed affidavit in support of the Change Report No.665/81.
It may please be declared that the Church of North India is the legal companytinuation and successor of the said First District Church of Brethren together with the right, title, claim, interest in or over its properties and the companystitution, decisions and resolutions of the Church of North India, its Synod and Gujarat Diocesan Council are binding on all the Pastorates on Gujarat which were functioning as local Churches or companygregations under the First District Church of Brethren.
With A. Nos.
5 who is the Appellant before us.
1 claims to be the Pastor of the Brethren Church.
5 to 10 of 2005 Application for impleading party B. SINHA, J INTRODUCTION The extent of bar of jurisdiction of Civil Court under Section 80 of the Bombay Public Trusts Act, 1950 hereinafter referred to as the BPT Act is the question involved in this appeal which arises out of a judgment and order dated 21.03.2003 passed by the High Court of Gujarat at Ahmedabad in S.A. No.303 of 1986.
A Continuation Committee is said to have been appointed in the year 1930 by the representatives of the Brethren Church and other churches in a Round Table Conference held in New Delhi with a view to companysider the modalities and other details for amalgamation of churches.
The defendant No.
The Brethren Church were number made parties in the said suit.
The Appellant herein was joined as defendant No.
The object of the Brethren Church was to propagate the work of the church of the brethren in western India in order to reveal Christ by means of evangelistic, educational, medical, literary, industrial school, social and charitable activities leading to the establishment of the kingdom of God.
