The Assistant Charity Commissioner did number make any enquiry in relation thereto.
By reason of the said change numberice a proposal was made to delete the names of i Bishop of Gujarat Rev. Christachari and ii Mr. Vithaldas N. Bhagat, as admittedly they were numbermore.
The said decision of the Joint Charity Commissioner was impugned before the District Court.
In the meanwhile, a civil suit was filed by one Ambalal Onkarlal against the trustees.
The said change numberice was disputed by the then trustees of the CBGB Trust before the Joint Charity Commissioner, Baroda, and by order dated 20.09.1997 the matter was remitted to the Assistant Charity Commissioner with a direction to frame issues as to whether the First District Church of Brethren was amalgamated with CNI and whether the Church of North India was the successor of the First District Church of Brethren.
Rev. Paul Chauhan, ii Francis G. Gameti, iii N.R. Rajawadi, iv Jesing S. Bhagat, and v Rt.
He, despite the fact that in terms of the scheme, the trust was to companysist of number less than 5 and number more than 7 trustees, was the sole surviving trustee.
In between 1985 to 1991 five change numberices were filed before the Assistant Commissioner but numberaction was taken thereupon A change numberice was filed in terms of Section 22 of the Bombay Public Trust Act before the Assistant Commissioner by the Respondent No.1 herein.
A public trust known as Church of North India CNI was also registered before the Charity Commissioner in the year 1980 81.
The Respondent No.1 also proposed four other names for their appointment as trustees.
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.
The said order of the Joint Charity Commissioner was questioned before the District Judge purported to be in terms of Section 72 of the Bombay Public Trust Act and the order of the Joint Charity Commissioner was set aside by the District Judge by an order dated 07.04.2005.
A First Appeal was preferred thereagainst being Regular Civil Appeal No.
The claim of the Church of North India is that the First District Church of Brethren has lost its entity and has been amalgamated therewith and, thus, it has only the authority to recommend names of the trustees to the parent body of USA.
The said change numberice was approved.
Rev. Malvia, were proposed to be included as trustees.
It was further held that the civil companyrt had numberjurisdiction to entertain the said suit.
Arising out of S.L.P. Civil No.24198 of 2005 B. SINHA, J Leave granted.
72 of 1984 and the Assistant Judge, Surat, by a judgment and decree dated 11.08.1986 allowed the said appeal holding that the First District Church of Brethren was number dissolved and had number ceased to exist.
The said suit was decreed holding that all the six uniting churches including the First District Church of Brethren were dissolved and united in one church i.e. the Church of North India.
In 1971 the Church of Brethren General Board India came into existence, which was registered in 1971.
The judgment and decree of the Assistant Judge came to be questioned in Second Appeal before the High Court being Second Appeal No.303 of 1986, which was dismissed.
The Church of North India with whom the other trusts were said to have been merged also filed a change numberice purported to be on the strength of the authority given by the parent body at USA, wherein five names i Rt.
The matter was remanded to the Assistant Charity Commissioner for holding an enquiry and for granting an opportunity of hearing to the interested parties.
While arriving at the said finding the Court invariably had to deal with various companytentions raised by the parties.
The legality and or validity of the said order dated 03.08.1999 approving the said change numberice was questioned before the Appellate Authority, namely, the Joint Charity Commissioner, Baroda, in Appeal No.7 of 1999.
