DIOCESE OF MYSORE Vs. REV DEEPAK SARASWATHI NIRMALE

JUDGEMENT

(1.) This is a defendant's revision against the order dated 8th August 1986 passed by the Principal I Munsiff in O.S. 511 of 1986 holding that the Court has got jurisdiction to try the Suit.

(2.) The facts in brief leading to the institution of the Suit are :

(3.) The plaintiff is a Catholic Xian and has opted to the Mysore Diocese and has got a right to continue in the Mysore Diocese. His incardination has to be regularised by the Bishop of Mysore and not by the Administrator, who has no authority to do such an act and this power vests only with the Bishop. The plaintiff therefore has got very right to continue in the post at Kutta or any other place in Mysore. The defendant has no authority to send the plaintiff to Bangalore Diocese and hence the suit is filed by the plaintiff claiming a right of office as the priest of Mysore Diocese and that he has already been incardinated as such by the late Bishop of Mysore. The defendant is making attempts to oust the plaintiff outside Mysore Diocese. So claiming the right, the plaintiff has filed a suit for declaration that he is entitled to continue in the diocese of Mysore and the defendant has no authority to direct for exoneration of the plaintiff from the Mysore Diocese.