IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 1 st OF FEBRUARY, 2023 MISC. PETITION No. 5439 of 2022 BETWEEN:-

MANMOHANSINGH BINDRA S/O SHRI GURU CHARAN SINGH BINDRA, AGED ABOUT 65 YEARS, OCCUPATION: BUSINESS R/O SANJAY NAGAR, TEHSIL AND DISTRICT BURHANPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI VIJAYENDRA SINGH CHOUDHARY - ADVOCATE)

AND

1. ELIYA PRADEEP SAMUEL S/O NOT MENTION OCCUPATION: (SECRETARY AND ATTORNEY) EXECUTIVE BOARD METHODIST CHURCH METHODIST SANTE 21 Y.M.C.A ROAD, MUMBAI (MAHARASHTRA)

2. VINAY PETER (SECRETORY) S/O NOT MENTION R/O NAPIER TOWN, DISTRICT JABALPUR (MADHYA PRADESH)

3. RAVI THEODAR S/O NOT MENTION R/O METHODIST CHURCH SHANVARA TOWN, DISTRICT BURHANPUR (MADHYA PRADESH)

4. J.P. KOLALOUIS S/O NOT MENTION R/O 767 NAPIER TOWN, NEAR ANAND TALKIZ, DISTRICT JABALPUR (MADHYA PRADESH)

5. RAVUE SAMUEL SUNA (EXECUTIVE SECRETARY) S/O NOT MENTION R/O M.P..R.C.C.B. HOME BUILDING A METHODIC CENTRE 1007, NAPIER TOWN, DISTRICT JABALPUR (MADHYA PRADESH)

6. BISHOP N.L. KARKHERE S/O NOT MENTION R/O 21 A YMC ROAD EXECUTIVE BOARD OF METHODIC CHURCH, INDIA METHODIC CENTRE MUMBAI (MAHARASHTRA)

7. JOHN N HINCHIMANI (CENTRAL TREASURER, M.C.I.) S/O NOT MENTION R/O 21A YMC ROAD EXECUTIVE BOARD OF METHODIC CHURCH, INDIA METHODIC CENTRE MUMBAI (MAHARASHTRA)

8. RAVEU M.A. DANIEL, (EXECUTIVE SECRETARY AND ATTORNEY) M.C.I.) S/O NOT MENTION R/O 21 A YMC ROAD EXECUTIVE BOARD OF METHODIC CHURCH, INDIA METHODIC CENTRE MUMBAI (MAHARASHTRA)

9. BISHOP DR. E.P. SAMUEL CHAIRMAN S/O NOT MENTION R/O EXECUTIVE BOARD OF METHODIC CHURCH, INDIA METHODIC CENTRE MUMBAI (MAHARASHTRA)

10. REVUE SURESH KUMAR, (CONFIRMATION TREASURE M.P.R.C.) S/O NOT MENTION R/O ROOM NO. 45-46 NAPIER TOWN JABALPUR (MADHYA PRADESH)

11. REVUE MANISH S JIDON, (PRABHAR AHDIKARI) D.S. S/O NOT MENTION R/O DISTRICT KHANDWA (MADHYA PRADESH)

12. STATE OF MADHYA PRADESH THROUGH COLLECTOR BURHANPUR DISTRICT BURHANPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SIDDHARTH KUMAR SHARMA - ADVOCATE ON CAVEAT)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 5.11.2022 passed by Principal District Judge, Burhanpur in R.C.S.No.4-A/2016 by which the application filed by the petitioner under Order 1 Rule 10 CPC has been rejected.

2. The petitioner has filed a suit for specific performance of contract on the ground that NIT was issued for sale of Khasra No.505 area 37,500 sqft. In the plaint it was specifically mentioned that the defendants are the responsible office bearers of the Methodic Church in India M.P. Methedister Centre, and Executive Board in the Methodic Church in India. It is also the case of the petitioner that the petitioner deposited an amount of Rs.5 Lacs and also submitted his bid which was accepted by respondents no.1 to 11 in their meeting dated 25.10.2003. The petitioner is ready and willing to perform his part of contract but the defendants are not executing the sale-deed.

3. Defendant no.2 filed his written statement and claimed that the real owner of the Trust has not been impleaded as a party and even the Charity Commissioner has not been impleaded and thus the suit suffers from non-joinder of necessary party. This written statement was filed on 28.6.2017.

4. On 5.11.2022 the petitioner filed an application under Order 1 Rule 10 CPC for impleading the Executive Board of Methodic Church in India, 21 YMCA road, India, Methedister Center, Mumbai and the Methodic Church in India M.P. Regional Conference Methodist Centre Room No.45-46 Napier Town, Jabalpur. The said application was opposed by counsel for the defendants.

5. The Trial Court by the impugned order has rejected the application on the ground that the matter falls in the category of oldest 25 cases as directed by the High Court and further the application has been moved at a belated stage for impleadment of Methodic Church in spite of the fa