Abuse of the process of court proved.

S.S. SUBRAMANI, J.

( 1 ) DEFENDANTS 1, 2 and 4 to 9 in O. S. No. 208 of 1999, on the file of III Additional City Civil Court, Madras, are the revision petitioners

( 2 ) THE revision is filed under Art. 227 of the Constitution of India. Petitioners are aggrieved by the order passed by the lower court in a suit filed by first respondent herein.

( 3 ) THE suit is one for declaration and injunction against the defendants, challenging the resolution of the Synod Executive Committee, asking the Bishop to go on leave. The bishop is the 2nd respondent in this revision and third defendant in the suit. It is the case of plaintiff that the Church of South India (for short, c. S. I. ) is a union of various protestant churches in South India brought about in the year 1947. The C. S. I, as a Constitution by name Synod Constitution to ensure decentralization of administration, the Church is divided into separate districts each district known as diocese. There are 21 Dioceses in C. S. I. The present suit is in respect of the Diocese of vellore. The apex body, i. e. , the Synod is conducted in accordance with the Constitution, and they have got supervisory control over the various Dioceses. Several litigations were filed against the Bishop of Vellore Diocese, alleging mismanagement and there were also various personal allegations against him. Suits-were filed in various places. At that time, the Synod intervened and found that there is some prima facie case to be considered and a resolution was passed directing the Bishop to go on leave for a period of six months. It is that resolution that is challenged in the present suit.

( 4 ) ALONG with the suit, an interim application was moved by plaintiff. The prayer in the application was to pass an order of temporary injunction restraining respondents 4 to 9 from enforcing the resolution dated 4. 11. 1998, 5. 11. 1998 and 6. 11. 1998 relating to the vellore Diocese which says that the bishop shall go on leave for a period of six months, and in any manner interfering with the functioning and administration of the vellore Bishop on the strength of the above resolution, pending disposal of the suit an ad interim to the same effect till the disposal of the interlocutory application.

( 5 ) THE lower court passed the following order on 12. 1. 1999: "heard Counsel. Documents perused. Prima facie case made out. Ad interim injunction and notice 12. 1999. The same is challenged in this revision petition.

( 6 ) SINCE the caveator (1st respondent) has entered appearance, the entire revision was heard.

( 7 ) ON behalf of the Bishop, who is second respondent herein, a counter affidavit has been filed.

( 8 ) LEARNED senior counsel for petitioner submitted that this is a typical case of abuse of process, and that the present suit has been filed suppressing material facts. Learned senior counsel submitted that on 8. 5. 1997 proceedings were issued by the Moderator appointing the deputy Moderator as a Commissary of vellore Diocese and compelling the Bishop to go on leave pursuant to the resolution of the executive Committee. Proceedings were initiated by Synod, namely, the apex body. Two persons filed a suit, viz. , C. S. No. 309 of 1997 challenging the said proceedings and obtained interim orders. Therefore, the resolution passed by the executive committee was not implemented. That interlocutory application was ultimately dismissed on 1. 10. 1997. Consequent to the dismissal of the LA. , the Deputy moderator took charge as Commissary of the moderator, replacing the Bishop. Against the order of learned single Judge O. S. A. Nos. 331 to 335 of 1997 were filed. The Division Bench confirmed the Order. Thereafter, proceedings were initiated in regard to allegations of misappropriation in Good Shepherd School. Chittoor in Vellore Diocese. Enquiry revealed that there was gross violation in sale of land belonging to the Diocese and the Bishop has misused his power and has gained pecuniary advantage. To consider th