1961 Supreme(Ker) 12
P.T.RAMAN NAYAR
Iyakku Mathoo – Appellant
Versus
Julius Elias Metropolitan – Respondent
ORDER :- This is yet another litigation arising out of the unfortunate dispute in the Malankara Jacobite Syrian Church between the Catholics and his supporters on the one hand, and the champions of the Patriarch on the other, the ghost of which one had thought (as it appears, wishfully thought) had been laid by the Supreme Court by the decision reported in Moran Mar Basselios Catholicos v. T.P. Avira, 1958 Ker LT 721: (
AIR 1959 SC 31). The point arising here is whether there was a proper plaint on which the Court could take cognizance of the suit. This question was tried as a preliminary issue, and, the Court below having found in favour of the plaintiff, the defendants have come up in revision. 2. The long cause title in the plaint describes the plaintiff thus (shedding honorifics and other unnecessary words): "For and on behalf of Jacob III, Patriarch of Antioch, his delegate in India, Mar Julius Elias Metropolitan". The signature both at the foot of the plaint and of the verification against the word, "Plaintiff", is by the Metropolitan with this qualification added, namely, that the Metropolitan is signing for and on behalf of the Throne of Antioch, being the delegate thereof
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