J.CHELAMESWAR, A.K.SIKRI
H. A. Martin – Appellant
Versus
Moses Thambi Pillai – Respondent
JUDGMENT :-
Chelameswar, J.
1. Leave granted.
2. Aggrieved by the judgment dated 28.2.2011 of the Division Bench of the High Court in Writ Appeal No.481 of 2011 the unsuccessful appellants therein preferred the instant appeal.
3. The appellants are three in number. The first appellant Rt. Rev. Dr. H.A. Martin is the present Bishop of the Tamil Evangelical Lutheran Church (for short “TELC”). The second appellant is shown to be the Treasure. The details of the person holding such an office are not mentioned anywhere. The third appellant is the TELC, a body registered under the Societies Registration Act, 1860 which is not capable either of suing or being sued [Section 6. Suits by and against societies.— Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:
Provided that it shall be competent for any person having a claim, or demand against the society, to sue the President or Chairman, or Principal Secretary or the t
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