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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, J.
Rt.Rev.Timothy Ravinder Dev Pradeep, The Bishop, CSI Coimbatore Diocese, CSI Diocese Office - Petitioner
Vs.
Rev.Charles Samraj.N Presbyter & Chairman - Respondents
Civil Revision Petition (PD) Nos.2923 and 2924 of 2021 and CMP Nos.21004 and 21006 of 2021
Decided On : 23-12-2021
INJUNCTION - Church of South India - Indian Companies Act 1956, Order I Rule 8 of the Code of Civil Procedure - The court discussed the requirement of permission under Order I Rule 8 of the Code of Civil Procedure and the conflict between the orders of the District Munsif and the I Additional District Judge in OS No.509 of 2019. The court found that the injunction granted by the Trial Court exceeded its jurisdiction and overstepped the orders of the District Court in OS No.509 of 2019. The Court held that the action of the learned District Munsif in granting an injunction is patently perverse and would lead to an unenviable situation where there are two orders of Courts which conflict with each other. Therefore, the need for exercise of the power under Article 227 of the Constitution of India, really exist and if the power is not exercised, the results would be really disastrous. The Civil Revision Petitions were allowed, the orders of injunction granted by the Trial Court were set aside and the application in IA No.2 of 2021 in OS No.938 of 2021 was dismissed.
Fact of the Case:
The suit was filed by the first respondent/plaintiff seeking a declaration that the resolution of the Administrative Committee of CSI Coimbatore Diocesan Council of Coimbatore dated 19.07.2021, suspending the first respondent herein from the post of the Presbyter and Chairman of CSI All Souls' Church, Coimbatore and Chairman of CSI St. Mark’s Church, Railway Colony, Podanur, Coimbatore 641 021, as null and void, invalid and inoperative under Law; permanent injunction for restraining the Administrative Committee of CSI Coimbatore Diocesan Council, Coimbatore, to take any policy decisions, appointments, transfers, change of correspondents apart from day to day affairs until the conduct of 34th CSI Coimbatore Diocesan Council; permanent injunction for restraining the defendants from interfering with the plaintiff’s functioning as the Chairman and Presbyter of CSI All Soul’s Church, Race Course, Coimbatore and as the Chairman of CSI St.Mark’s Church, Railway Colony, Podanur, Coimbatore, till disposal of the suit; permanent injunction for restraining the defendants from acting upon the resolutions passed on 19.07.2021 under the Administrative Committee Meeting and for costs.
Finding of the Court:
The court found that the injunction granted by the Trial Court exceeded its jurisdiction and overstepped the orders of the District Court in OS No.509 of 2019. The Court held that the action of the learned District Munsif in granting an injunction is patently perverse and would lead to an unenviable situation where there are two orders of Courts which conflict with each other. Therefore, the need for exercise of the power under Article 227 of the Constitution of India, really exist and if the power is not exercised, the results would be really disastrous.
Issues: The main issue was the conflict between the orders of the District Munsif and the I Additional District Judge in OS No.509 of 2019, and the requirement of permission under Order I Rule 8 of the Code of Civil Procedure.
Ratio Decidendi: The Court held that the injunction granted by the Trial Court exceeded its jurisdiction and overstepped the orders of the District Court in OS No.509 of 2019. The Court found that the action of the learned District Munsif in granting an injunction is patently perverse and would lead to an unenviable situation where there are two orders of Courts which conflict with each other. Therefore, the need for exercise of the power under Article 227 of the Constitution of India, really exist and if the power is not exercised, the results would be really disastrous.
Final Decision: The Civil Revision Petitions were allowed, the orders of injunction granted by the Trial Court were set aside and the application in IA No.2 of 2021 in OS No.938 of 2021 was dismissed.
ORDER :
These two Revisions are at the instance of the defendants in OS No.938 of 2021 on the file of the Principal District Munsif, Coimbatore. Challenge is to the order of injunction granted by the learned District Munsif in IA No.2 of 2021 on 11.11.2021. The petitioner in CRP No.2923 of 2021 is the first defendant and the petitioner in CRP 2924 of 2021 is the second defendant in the said suit. The suit came to be filed by the first respondent/plaintiff seeking:
a) a declaration that the resolution of the Administrative Committee of CSI Coimbatore Diocesan Council of Coimbatore dated 19.07.2021, suspending the first respondent herein from the post of the Presbyter and Chairman of CSI All Souls' Church, Coimbatore and Chairman of CSI St. Mark’s Church, Railway Colony, Podanur, Coimbatore 641 021, as null and void, invalid and inoperative under Law;
b) permanent injunction for restraining the Administrative Committee of CSI Coimbatore Diocesan Council, Coimbatore, to take any policy decisions, appointments, transfers, change of correspondents apart from day to day affairs until the conduct of 34th CSI Coimbatore Diocesan Council;
c) permanent injunction for restraining the defendants from interfering with the plaintiff’s functioning as the Chairman and Presbyter of CSI All Soul’s Church, Race Course, Coimbatore and as the Chairman of CSI St.Mark’s Church, Railway Colony, Podanur, Coimbatore, till disposal of the suit.
d) permanent injunction for restraining the defendants from acting upon the resolutions passed on 19.07.2021 under the Administrative Committee Meeting and for costs.
2. According to the plaintiff, the Church of South India comprises of the protestant churches in the five Southern States namely Kerala, Karnataka, Andhra, Telangana and Tamil Nadu. The said union of all protestant denomination Churches took place on 27.09.1947, as a reformed church having Synod as a representative body of the CSI. A nonprofit making Company in the name of Church of South India Trust Association was registered under Section 25 of the Indian Companies Act 1956, and the said Company was to act as a bare trustee of the properties of Church of South India which is an unregistered body. The Church of South India has its own constitution and bye laws which are independent of the Memorandum and Article of Association of the Company.
2.1. For the effective management of the Church, the entire area namely the five States in South India have been divided into 24 constituent Dioceses. The reliefs sought for in the suit on hand pertain to the Coimbatore Diocese. The Coimbatore Diocese namely the second defendant in the suit has its headquarters at Coimbatore and the Churches situate in eight Revenue Districts namely Coimbatore, Nilgiris, Thiruppur, Erode, Salem, Namakkal, Dharmapuri and Krishnagiri. The Diocese of Coimbatore is administered by an Apex Body called the Diocesan Council.
2.2. The Bishop of the concerned Diocese is the President and the Members of the council are elected every three years. The 33rd Session of CSI Coimbatore Diocesan Council was constituted in November 2016 and its period expired in November 2019. As per the constitution of the Churches of South India, the Synod, the supreme apex body extended the life of the council for a grace period of three months with a direction to the first defendant, the Bishop to conduct the 34th session of CSI Coimbatore Diocesan Council.
2.3. The first defendant has sent a circular on 08.01.2020 stating that the 34th session of CSI Coimbatore Diocesan Council will be convened on 09.01.2020 at 7.00 p.m. in the CSI Bishop Appasamy College, Race Course, Coimbatore. On the same day, the first defendant also called the members of the Diocesan Council to register and file nominations to the various Boards and Committees in the Industrial Service Centre, CSI Matriculation Higher Secondary School Campus, Race Course, Coimbatore. The plaintiff had filed his nomination to contest for the post of Diocesan
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