J U D G M E N T

This First Appeal has been preferred against the order passed under Order VII Rule 11 of Code of Civil Procedure rejecting the plaint.

2.The appellants are the unelected Members in the election conducted for Church Council of Tamil Evangelical Lutheran Church. They filed a Suit for a relief of declaring that the election of the defendants 3 to 10 as Members of the Church Council of Tamil Evangelical Lutheran Church of the 43rd Synod held on 6th and 7th September 2019 as ultravires the Church Rules, as null and void and for consequential permanent injunction restraining them from functioning as Members of the Church Council and for mandatory injunction from conducting fresh election for the Church Council. The Trial Court rejected the plaint on the ground that this is a clear abuse of process of law as it is a re-litigation, without cause of action for non-impleading the necessary parties and for the lapse of not taking leave under Order I Rule 8 CPC for filing the Suit.

3.The appellants would attack the order of the rejection on the grounds that Suit cannot be rejected for non-joinder of parties, non-obtaining leave to sue, non-payment of proper court fee and the erroneous assumption that there is no cause of action.

4.According to the appellants, the plaint shall be read as a whole to find out as to whether there is any cause of action to prefer the Suit or not? It cannot be read in bits and pieces to arrive at a conclusion that there is no cause of action. Secondly, an application under Order I Rule 8 CPC can be filed at any stage for the Suit and it is a procedural requirement that the plaint cannot be rejected on this ground. Further, non-payment of proper court fee is not a ground for rejection automatically, but the Court shall give an opportunity to the plaintiffs to pay proper court fee and in default only, the plaint can be rejected.

5.The plaintiffs have already filed applications for amendment of plaint; for leave to sue under Order I Rule 8 CPC; for adding a party under Order I Rule 10 CPC; and for payment of proper court fee. But the Trial Court, without disposing of these interlocutory applications, has rejected the plaint. On this ground also, the appellants prays to set aside the order of rejection.

6.The short facts leading to the Suit is that the Tamil Evangelical Lutheran Church (in short “TELC”) is a Christian Church. It is governed by TELC Rules, which were brought into existence in the year 1919. As per the Rules, several Committees, such as Pastorate Committee (PC), District Council (DC), Synod Continuation Committee (SCC), Church Council (CC) are constituted. President of the Church Council is the Bishop. Election to these Committees shall be as per the procedures laid down in TELC Rules. There were litigations between the Members of Church Council with regard to election to these Committees and election to the President of the Church Council / Bishop.

7.The above litigations went up to the Hon'ble Supreme Court. A Division Bench of this Court appointed the Hon'ble Mr.Justice J.Kanakaraj (Retired) as Judge Administrator, in LPA Nos.3 and 5 of 2015, dated

29.04.2016, for the purpose of conducting election. When an application was filed to remove the Judge Administrator, the Hon'ble Supreme Court, dismissed the application vide MA No.2726 of 2018 and directed the parties to approach the Division Bench of this Court in LPA Nos.3 and 5 of 2015 for all further orders. Para 7 of the order of the Division Bench of this Court dated 29.04.2016 in LPA Nos.3 and 5 of 2015 and MP Nos.1 and 1 of 2015 reads as under:

“7. In view of the stalemate that arose earlier, this Court by order dated 14.12.2010 in C.R.P.(MD) Nos.2385 and 2386 of 2010 etc., was pleased to appoint the Hon'ble Mr.Justice J.Kanakaraj (Retd.) as an Administrator to supervise the administration along with the Church Council and the then Bishop. Subsequently, the Administrator had conducted the election for the Triennium 2013-2016 on 26.4.20