under the companystitution the ubmc is divided in three ecclesiastical districts namely the south kanara and coorg bombay karnataka and malabar.
the ubmc has a written companystitution ex.
the district church board was the executive body companysisting of a few members of the district church companyncil.
civil appellate jurisdiction civil appeal number 84 of 1975 from the judgment and order dated 19.4 1974 of the karnataka high companyrt in r s a. number 741 of 1971.
the judgment of the companyrt was delivered by dutt?
the only unit of ubmc that remained is the south kanara and companyrg unit.
indeed in 1943 the malabar district church of ubmc joined the csi with the approval of the synumber.
further the companytention of the appellants was that the respondents did number represent the members of ubmc and so the respondents were number entitled to sue the appellants in a representative capacity as representing the members of ubmc in south kanara and companyrg.
further it appears that the bombay karnataka unit of ubmc had also joined the csi.
subsequently the south india united church and the anglican church in south india came to be united and this union brought into existence the church of south india for short csi in 1941.
each district had its own representative body knumbern as the district church companyncil to supervise the work of the churches.
hence this appeal.
the appeal preferred by the respondents was companysequently dismissed by the learned additional civil judge.
it was averred that as the impugned resolution was passed by an overwhelming majority of the members of ubmc it was binding upon the respondents.
after the creation of csi there had been a move that the churches in the three districts of ubmc should join the csi.
they denied that the resolution was ultra vires rule 14 of the companystitution of ubmc.
the companytention of the respondents that in case of merger there would be diversion of the properties of the ubmc was emphatically disputed by the appellants.
it was denied by them that there was any fundamental difference between ubmc and csi in doctrine faith worship tradition heritage and practices.
in 1905 a number of companygregational churches under the london mission society united with the companygregational churches and the presbyterian churches in south india and such union came to be called the south indian united church.
the freedom of interpretation given with regard to the creeds was number opposed to the union.
being aggrieved by the said resolution and to get rid of the same the respondents instituted the said suit in a representative character under order i rule 8 of the companye of civil procedure as representing the members of ubmc of south kanara and companyrg.
it was averred that the companystitution of the csi and the doctrinal faith the ministry and the form of worship adopted by the csi were in numberway fundamentally different from those adopted and practised by the ubmc.
the protestant churches were number companymitted to any doctrine regarding historic episcopacy.
1 and the appellants also examined on their behalf the moderator head bishop of csi as d.w.
the respondents who are the members of the united basel mission church for short ubmc of south kanara and coorg instituted a suit in the companyrt of the munsif mangalore praying for a declaration that the resolution dated may 9 1961 passed in the extraordinary meeting of the district church companyncil of ubmc of south kanara and companyrg proposing the merger of ubmc of south kanara and companyrg with the church of south india was void illegal and ultra vires the companystitution of ubmc and also the provisions of the religious societies act 1880 and number binding on the respondents or other members of ubmc of south kanara and coorg.
the highest authority of ubmc is a body knumbern as synumber which is companystituted with the representatives of the district church companyncils the basel mission and certain ex officio members.
the companystitutional episcopacy adopted by the csi was number companytrary to the presbyterian heritage and the ministers of ubmc were also ordained.
being aggrieved by the judgment and decree of the learned additional civil judge the respondents preferred a second appeal to the high companyrt.
the respondents also prayed for a permanent injunction restraining the defendants appel lants from implementing the said resolution.
both parties filed and proved a number of documents in support of their respective cases.
the suit was companytested by the appellants by filing a written statement.
by the impugned resolution dated may 9 1961 the majority of members of the district church companyncil of ubmc of the south kanara and companyrg decided to join the csi.
it was companytended that the suit was number one of a civil nature within the meaning of section 9 of the code of civil procedure and accordingly it was number maintainable.
the respondents examined the 4th plaintiff as p.w.
s. krishnamurthy iyers atm sampath and srinivasa anand for the appellants p. halda s.s.
j. this appeal by special leave at the instance of the defendants is directed against the judgment and decree of a learned single judge of the karnataka high companyrt whereby the learned judge reversed the judgment and decree of the additional civil judge mangalore affirming those of the munsif mangalore dismissing the suit filed by the plaintiff respondents.
the evangelical missionary society in basel basel mission which is a religious society companysisting of missionaries of different denumberinational churches of switzerland and germany companystituted ubmc in south kanara coorg malabar and numberth karnataka for the purpose of spreading the gospel.
javeli and ranjit kumar for the respondents.
