Suit cannot be filed without obtaining permission against Diocese.

1. The Revision is filed under Article 227 of the Constitution of India, by defendants 1 to 3 in O.S. No. 270 Of 1908, on the file of Judicial Magistrate-cum-District Munsif at Cheyyar.

2. Reference to parties in this order will be according to their rank in the suit.

3. Plaintiff filed the suit for the following reliefs:

“(1) Permanent injunction restraining the 2nd and 3rd defendants from exercising any executive, administrative and disciplinary powers including convening of any Committees and Boards in respect of C.S. 1., Vellore Diocese, giving effect to the illegal transfer orders, and initiating any further disciplinary action against the Pastors, Subordinates, etc. till the 4th defendant finally adjudicates the complaints against the 3rd defendant:

(2) directing the defendants to pay the costs of this suit to the plaintiff;

(3) pass such further or other orders as this Honble Court may deem fit and proper under the circumstances of the case.”

4. Plaintiff alleges that he is a member of C.S.I, denomination. The C.S.I. Religious Organisation is carrying out its activities throughout South India having its Head Office at Madras, and a Branch of the above Church is also situated at Cheyyar under the supervision of 1st defendant, who is the Pastor. Defendants 2 and 3 are the immediate Religious authorities at the Cheyyar Church, and 4th defendant is the ultimate authority under whose jurisdiction plaintiff and other defendants are carrying on the spiritual activities.

5. Third defendant became the Bishop of the Vellore Diocese in the year 1988, and all is not well within the Diocese for the last ten years, in view of the attitude of third defendant. Number of litigations are pending and the authority of third defendant is also being questioned by many. His behaviour is unethical and immoral, and various representations have been made to the fourth defendant to initiate action against third defendant. Third defendant was, therefore, asked to go on leave for six months, which he obeyed, and, after joining duty on the expiry of leave, he became vindictive towards the Pastors and also the persons who filed complaints against him, to the 4th defendant. 4th defendant also appointed an Enquiry Commission and submitted a report that prima facie the allegations against third defendant are true. Third defendant was asked to file his explanation, and third defendant is yet to file his explanation.

6. Reason for filing the suit is that third defendant began to act arbitrarily and the Pastors within the Diocese are being transferred overnight even without putting them on notice. The various orders passed by third defendant violating the principles of natural justice have affected the worshipping public. The further reason for filing the suit is, the third defendant is trying to convene a meeting of the Executive Committee on 7.7.1998 and 8.7.1998 to take disciplinary action against various Pastors, and this has created panic amount the community, and plaintiff apprehended that it will create disturbance in the worship and services in the Church.

7. Along with the suit, plaintiff filed an application under Order 1, Rule 8, C.P.C., seeking permission for himself to represent the other members of the C.S.I. Christian community to file the suit. He also filed another application, namely, I.A. 536/98 for temporary injunction to restrain defendants 2 and 3 from exercising any Executive, Administrative and disciplinary powers including convening of any committee and Board meeting in respect of CSI, Vellore Diocese giving effect to the illegal transfer of the Pastors and initiating any further disciplinary actions against the Pastors and subordinates, etc., till the fourth defendant finally adjudicates the complaints against the third defendant, pending disposal of the suit, and also to grant an ad interim injunction.

8. The Court below passed the impugned order which reads thus:— “Heard. Both sides records have been perused.

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