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2013 Supreme(Mad) 4108

R.SUBBIAH
Rt. Rev. Dr. V. Devasahayam – Appellant
Versus
St. George Cathedral Trust – Respondent


Advocates Appeared:
For the Petitioners:M/s. D. Prabhu Mukunth Arunkumar, N.R. Narayanan, Advocates.
For the Respondents:M/s. D. Moses Jeyakaran, B. Priya, Advocates.

Judgment :

R. Subbiah, J.

1. The application in A.No.1174 of 2013 has been filed by defendants 1 and 2 for rejection of the plaint in C.S.No.731 of 2013 under Order VII Rule 11 read with Section 151 C.P.C.

2. Application in A.No.2870 of 2013 has been filed by the plaintiff trust under order XIV Rule 8 of the O.S. Rules read with Order I Rule 8 C.P.C. and order 3 Rule 2 of O.S.Rules to grant leave to file the suit as against the second respondent.

3. For the sake of convenience, the parties will be referred to as per their ranking in the suit.

4. The plaintiff St.George's Cathedral Church, rep. by its Secretary filed the suit in C.S.No.731 of 2013 as against defendants 1 to 3 viz., (i) Rt.Rev.Dr.V.Devasahayam, Bishop in Madras, (ii) The Diocese of Madras, rep. by its Secretary and (iii) Rev.S.Immanuel Devakadatcham, Presbyter in Charge for the following reliefs:-

(i) For a declaration declaring that the appointment of the third defendant by the first defendant as Clergy Trustee of the plaintiff Trust is invalid and null and void,

(ii) For a permanent injunction restraining the third defendant or anyone claiming any right under him from acting as Clergy Trustee of the plaintiff Trust.

(iii)
















































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