IMPORTANT POINT
The court ruled that individuals representing churches must have proper authorization to act on their behalf in legal proceedings, emphasizing the distinction between personal and representative capacity.

JUDGMENT :

Budi Habung, J.

Heard Mr. C. T. Jamir, learned Senior counsel assisted by Mr. I. Imchen, learned counsel for the petitioners. I have also heard Mr. A. Zhimomi, learned counsel assisted by Ms. Lhousino, learned counsel appearing on behalf of the respondents.

2. These batches of civil revision petitions, arising from the same common order, are taken up together for disposal.

3. By filing these applications under Article 227 of the Constitution of India the petitioners in the above batches of petitions have assailed the common order dated 06-06-2024 passed by the learned District Judge, Wokha, Nagaland in Civil Misc Case No. 03/2024, Civil Misc Case No. 04/2024 and Civil Misc Case No. 05/2024 arising out of Civil Suit No. 01/2023. By the said common order the learned District Judge, Wokha has dismissed the Civil Misc Case No. 03/2024, Civil Misc Case No. 04/2024 and Civil Misc Case No. 05/2024 filed by the applicants/petitioners herein under Order I Rule 10 of the Code of Civil Procedure for deletion of their name as defendants in the Civil Suit No. 01/2023 filed by the plaintiffs/respondents herein for declaration of right, title and interest to immovable properties, delivery of possession, perpetual injunction and other consequential reliefs.

4. The case of the petitioners leading to the filing of these revision petitions in brief is that initially the Samyan Baptist Ekhumkho, Vungoju Sector, Tchuphyangzu Baptist Ekhumkho, NST Sector and Tiyichan Lotha Baptist Church Ekhumkho, Saron Sector (herein after referred to as three churches) were under the Wokha Town Baptist Church (WTBC) before their recognition as separate individual churches. After the recognition of three churches as independent churches, situation became tense amongst the believers of the three churches. Owing to the tensed situation, the Deputy Commissioner, Wokha issued an order dated 11-02-2021 to maintain peace and tranquility in Wokha town. The said order was challenged by the respondents Nos. 1 and 2 in WP(C)/69/2021 which was disposed of by an order dated 16.09.2021 on the basis of the submission made by the learned counsel for the parties that the members of the church will worship in their respective churches. The said judgment and order dated 16.09.2021 was misinterpreted by the respondents that the direction of the Hon’ble Court to hand over the keys to the respective functionaries of the churches was confined only to the church and does not include the Apartments, Office and Sunday School buildings. Therefore, the Deputy Commissioner, Wokha issued a circular dated 18-09-2021 by misinterpreting the order dated 16-09-2021 passed in WP(C)/69/2021 and on being aggrieved, the three churches filed Review Petition No. 3/2021. In the said Review petition, Shri Tsumongo Ovung (petitioner in Civil Rev. Pet No.9/2024) represented the Samyan Baptist Ekhumkho; Shri. Yanpansao (petitioner in Civil Rev. Pet No 10/2024) represented the Tchuphyangzu Baptist Ekhumkho; and Shri Mhonsao Ngullie (petitioner in Civil Rev. Pet No.11/2024) represented the Tiyichan Lotha Baptist Church Ekhumkho. The said Review petition was disposed of by this Hon’ble Court vide order dated 24-02-2023 with the finding that, “…this Court is not the right forum to decide regarding the rights and titles of the parties at this stage, the same has to be first decided by the Civil Court having geographical and pecuniary jurisdiction”.

5. Accordingly, in view of the judgment and order passed in the aforesaid review petition, the present respondents nos. 1 and 2 approached the District Judge, Wokha by filing Civil Suit No. 1/2023, wherein the present petitioners namely; Shri Tsumongo Ovung, Shri. Yanpansao and Shri. Mhonsao Ngullie have been impleaded as defendant no. 1, 2 and 3 representing their respective churches.

6. Being aggrieved, the three petitioners had filed separate Civil Misc Case No. 05/2023, Civil Misc Case No. 06/2023 and Civil Misc Case No. 07/2023 respectively under Order VII Rul