- (1.) 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 court 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.
(2.) The respondents, who are the members of the United Basel Mission Church (for short 'ubcm') of South Kanara and Coorg, instituted a suit in the court of the Munsif. Mangalore, praving for a declaration that the resolution dated 9/05/1961 passed in the extraordinary meeting of the District Church council of UBMC of South Kanara and Coorg proposing the merger of UBMC of South Kanara and Coors' with the Church of South India was void, illegal and ultra vires the Constitution of UBMC and also the provisions of the Religious Societies Act, 1880 and not binding on the respondents or other members of UBMC of South Kanara and Coorg. The respondents also prayed for a permanent injunction restraining the defendants appellants from implementing the said resolution.
(3.) The Evangelical Missionary Society in Basel (Basel Mission) , which is a religious Society, consisting of missionaries of different denominational churches of Switzerland and Germany constituted UBMC in South Kanara, Coorg, Malabar and North Karnataka for the purpose of spreading the Gospel. The UBMC has a written constitution (Ex. A-l). Under the Constitution, the UBMC is divided in three Ecclesiastical Districts, namely, the South Kanara and Coorg. Bombay Karnataka and Malabar. Each District had its own representative body known as the District Church council to supervise the work of the churches. The District Church Board was the executive body consisting of a few members of the District Church council. The highest authority of UBMC is a body known as Synod which isconstituted with the representatives of the District Church councils, the Basel Mission and certain ex officio inembers.;