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1985 Supreme(Ker) 349

THOMAS
ELIAS – Appellant
Versus
ELIAS – Respondent


Judgment :-

1. A Jewish Synagogue, once bristling with the activities of its large membership, has now come to a torpid stage due to fast plummeting down of its membership strength, reaching almost rock bottom with only two members now. All others have gone in exodus and perched in their promised land Israel. But the Synagogue is not totally bereft of any activities, for, the only two members have arrayed themselves into the petitioner and the respondent in the present Civil Revision Petition which is an off-shoot of a litigation started almost half a century ago.

2. A scheme has been settled for the administration of the Synagogue as early as 14-3-1123 (M. E.) pursuant to the final decree passed in the suit. The scheme contains a provision, inter alia, for its future modification. It is as follows:

"If it appears that a modification on any of the provisions of this scheme is necessary on account of any reason whatsoever, the general body may take a decision on it and report to the court; the court shall, after conducting such enquiry as it deems fit, allow such modifications as are necessary".

3. The petitioner filed I.A. No. 183 of 1979 before the District Court, Ernakulam for modif












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