Short Note : 1. Registrar of Public Trusts, Raipur submitted an application under section 26 of the Madhya Pradesh Public Trusts Act, 1951 (hereinafter referred to as 'the Act'), impleading the present appellant and respondent No. 2 Ram Dwarkalal as the non-applicants. This application was for appointment of a suitable trustee District Judge, Raipur by the impugned order appointed respondent No. 2 to be the trustee of the trust in question. Aggrieved by this present appellant Surya Kumar has preferred this appeal under section 26 of the Act. Held : Section 27 of the Act deals with the Court's power to hear application. It provides that “on receipt of such application the Court shall make or cause to be made such enquiry into the case as it deems fit and pass such orders thereon as it may consider appropriate.” Section 30 of the Act lays down that "Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908 shall apply to all proceedings before the Court under this Act." The words "as it deems fit" occurring in section 27 (1) of the Act do not mean that the Court may reduce the inquiry to a mere force. The words "pass such orders thereon as it may consider appropriate" in section 27 (1) of the Act are also very significant. They clearly suggest that the power of the Court in passing an order after the inquiry is not necessarily confined to or limited by the prayers made in the application but it may pass such orders which the Court may consider proper in the facts and circumstances of the case. It is further clear that a Court has wider jurisdiction. No doubt the scope of the inquiry will depend upon that allegations and the purpose of the application. Needless to say that while selecting and appointing a person as a trustee the paramount consideration for the Court would be the welfare of the trust. With that end in view the Court would be entitled to take into consideration not only the wishes and rights if any of the founder to name a trustee but also the history of the institution and the conduct of the person claiming to be a trustee prior and subsequent to the death of the late trustee. 41 Cal. W.N. 298 relied on. 41 Cal. W.N. 298 relied on. Appeal allowed.