(Civil Revision Petition, filed under Article 227 of the Constitution of India for a direction to the learned District Munsif, Nagercoil to dispose of the un-numbered I.A. in I.A.S.R.No.4812 of 2005 in O.S.No.165 of 2003 on the file of Principal District Munsif, Nagercoil, as stated therein.)

This Civil Revision Petition is filed under Article 227 of the Constitution of India for a direction to the learned District Munsif, Nagercoil to dispose of the un-numbered I.A. in I.A.S.R.No.4812 of 2005 in O.S.No.165 of 2003 on the file of Principal District Munsif, Nagercoil.

2. When C.M.P.No.2862 of 2005 and V.C.M.P.No.75 of 2005 came up for hearing, with the consent of both counsel appearing for both the parties, the main Civil Revision Petition itself had been taken up for hearing. Hence, the main Civil Revision Petition is taken up along with C.M.P.No.2862 of 2005 and V.C.M.P.No.75 of 2005 for hearing and disposal.

3. O.S.No.165 of 2003:-

The First Plaintiff – Sekar alias Kumar, a communicant Member is eligible Voter of Home Church, Nagercoil, C.S.I.Church of Kanyakumari Diocese, C.S.I and former Diocesan Council and Executive Member. The First Plaintiff has filed O.S.No.165 of 2003 in a representative capacity for himself and onbehalf of the communicant Members of the Kanyakumari Diocese, C.S.I, seeking for a Decree to declare that the Resolution of the Diocesan Council dated 16.01.2003 in respect of the Diocesan Council Membership is null and void. The proposed formula to elect Diocesan Council Members is challenged on the ground that it is not in accordance with the democratic formula of Diocesan Council. The Plaintiff Sekar and the newly added Second Plaintiff – Robinson have alleged that the Resolution of the Diocesan Council dated 16.01.2003 is unethical and is null and void. They have also filed the suit for Permanent Injunction, restraining the Defendants / Kanyakumari Diocese, C.S.I represented by its Bishop from implementing the impugned Resolution of the Diocesan Council dated 16.01.2003. They have also sought for Permanent Injunction, restraining the Defendant from ex-communicating them.

4. The Defendant / Kanyakumari Diocese C.S.I.Represented by its Bishop has filed Written Statement denying the allegations in the Plaint and elaborately setting forth the circumstances for passing the Resolution / Amendment dated 16.01.2003.

5. The Suit is pending Part-heard. The Second Plaintiff has filed Petition to recall and cross-examine the Fourth Respondent viz., Christian Babu. At that stage, the Revision Petitioner has filed I.A.SR.No.4812 of 2005 to implead himself as additional Third Plaintiff in the suit. The Petition was with certain defects. Hence, the Petition was called in the Open Court and upon hearing the Petitioner, the Application was posted for orders on 11.04.2005.

6. At that stage, the Revision Petitioner has filed this Revision Petition for issuance of direction to the District Munsif, Nagercoil to dispose of the un-numbered I.A. in I.A.No.4812 of 2005 on the file of Principal District Munsif, Nagercoil. The Revision Petitioner has alleged that the Suit in O.S.No.165 of 2003 has been filed in a representative capacity and anybody interested in the affairs of the Diocese can file application to implead themselves as Plaintiff, if they are interested in the subject matter of the suit. Learned counsel for the Revision Petitioner has submitted that the District Munsif has failed to consider that the Suit is filed in a representative capacity and that all the parties interested in the subject matter of the suit are to be necessarily be heard. Learned counsel has further submitted that when the Defendant has taken all steps to implement the Amendment before 2006, the Petitioner, who is the Adult Communicant Member of Kanyakumari C.S.I.Church is entitled to implead himself as Additional Plaintiff. It is further submitted that the District Munsif, Nagercoil has not even numbered the Application and refusing to