JUDGMENT

Dated this the 18th day of March 2021 The original petition is filed under Article 227 of the Constitution of India, to set aside Ext.P3 order dated 4.8.2020 passed in O.S 15/2016 by the Court of the Subordinate Judge, Muvattupuzha (Trial Court).

2. The facts, in brief, in the original petition are: the petitioners are the additional defendants 7 and 8 in Ext.P1 plaint filed by the respondents 1 to 5 and two others. Ext.P1 is filed, inter alia, to declare that St.John's Besphage Jacobite Syrian Church, Pulinthanam is a constituent parish church of the Malankara Orthodox Syrian Church and only the members who accept the 1934 Constitution are entitled to be parishioners of the church. The petitioners had filed Ext.P2 written statement refuting the allegations in plaint. The Trial Court without following the procedure prescribed for trying a suit under the Code of Civil Procedure,1908 (in short 'Code'), and in violation of the mandate under Order XIV of the Code, strangely proceeded to consider the question whether the suit is covered by the decision of the Hon'ble Supreme Court in K.S.Varghese & Ors v. St.Peter's & Paul's Syrian Orthodox Church and Others [2017) 3 KLT 261 (SC