ORDER :

1. The petitioners are the additional defendants 3, 4 and 6 in O.S. No. 27/2009 of I-Additional District Court, Ernakulam. The suit was filed under Order 1 Rule 8 of CPC, seeking a decree of permanent prohibitory injunction. The 1st respondent/plaintiff claimed to be a constituent Church of the Malanakara Orthodox Church. It was alleged that the defendants interfered in the functioning of the additional 4th and 5th plaintiffs who claimed to be duly appointed as the Vicars by the metropolitan. The prayer sought in the suit was for a decree of permanent prohibitory injunction restraining the defendants, their men, agents or anybody claiming under them from interfering with the right of the plaintiffs to discharge their duties in the 1st plaintiff church, including conducting of Holy Mass. The second prayer was to restrain the defendants from tress passing into the 1st plaintiff church. The defendants, inter-alia, contended that the suit ought to have been filed under Section 92 of the CPC and since leave was not obtained before the institution of the suit, the suit was bad and liable to be dismissed. This was considered as the first issue by the Court below. It was answered in