Section 43. Powers of the court upon application under section 41 or section 42.

1. On receipt of an application made under or in pursuance of Sec. 41 or Sec. 42 the court shall made or cause to be made such inquiry as it deems necessary and may appoint such person as it thinks fit to be the new working trustee and in making such appointment the court shall have regard - (a) to the wishes of the author of the trust. (b) to the wishes of the person, if any, empowered to appoint a new trustee. br (c) to the question whether the appointment will promote or impede the execution of the trust, (d) to the interest of the public or the section of the public who have interest in the trust, and (e) to the custom and usage of the trust. 2. The order of the court under Sub-section (1) shall be deemed to be the decree of the court and an appeal shall lie there from to the High Court