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2015 Supreme(Ker) 640

T.R.RAMACHANDRAN NAIR, K.P.JYOTHINDRANATH
T. J. JOHN – Appellant
Versus
CHURCH OF SOUTH INDIA, REP BY ITS GENERAL SECERTARY – Respondent


Advocates Appeared:
For the Petitioner: SRI.K.V.SADANANDA PRABHU, SRI.TITUS MANI
For the Respondents: SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW, SRI.JENNIS STEPHEN

JUDGMENT :

Ramachandran Nair, J.

The plaintiffs in O.S.No.16/2011 aggrieved by the order in I.A.No.1081/2010 have filed this appeal. The said petition was filed by invoking Section 92 of the Code of Civil Procedure (C.P.C. for short) seeking leave to sue. The parties are before this Court for the second time. By the order dated 4.12.2010, the court below had granted leave which was challenged before this Court by the defendants. In O.P.(C) No.3743/2011, the order was set aside and the I.A. was remanded back for consideration afresh. The said judgment is reported as Church of South India v. John (2012 (2) KLT 606). By the said judgment, this Court allowed the plaintiffs and the defendants to adduce evidence also. After the matter was sent back, the first plaintiff has been examined as PW1. After referring to the evidence adduced and after considering the pleadings, the learned Judge rejected the application.

2. We heard the learned counsel for the appellants Sri.K.V.Sadananda Prabhu and the learned counsel for the respondents Sri.Sathish Ninan.

3. In the plaint, the first defendant is shown as the Church of South India and the second defendant is the Church of South India Trust Associat













































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