DINESH DAS Vs. BAPTIST CHURCH TRUST ASSOCIATION

JUDGEMENT

(1.) This appeal by Reverend Dinesh Das, the sole Defendant in CS (OS) 612/2018, is directed against an order dated 21 st November, 2019 passed by the learned Single Judge in I.A. No. 16263/2018, filed by the Respondents/ Plaintiffs Nos. 1 and 2 under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure ("CPC"), as well as I.A. No. 16323/2019, filed by the Appellant/Defendant under Order XXXIX, Rule 4, CPC. By the said order, the learned Single Judge modified an ex parte ad interim order earlier passed on 5th December 2018, and restrained the Appellant/Defendant from exercising any rights as Pastor or otherwise of the Baptist Church, Karol Bagh ("the Church") and its properties under the authority of the Plaintiffs and interfering in any manner whatsoever with the exercise of their rights by either of the Plaintiffs with respect to the management and control of the Church and its properties.

(2.) The facts, as averred by the Appellant, are that the Karol Bagh Church was established in the year 1916 and presently counts around 130 families as members of the General Body of the Church. The General Body elects a core group of 11 members, known as the "Deacons Committee". It is stated that the Pastor of the Church is also elected by the General Body by 2/3rd majority. The Pastor of the Church, by default, becomes the Chairman of the Deacons Committee and carries out day-to-day affairs and activities, spiritual functions and administrative work etc. of the Church with the assistance of the members of the Deacons Committee.

(3.) The Appellant/Defendant became Pastor of the Church in December, 2007, upon request of the secretary and members of the Deacons Committee of the Church, through an ad hoc committee of the Baptist Union of North India ("BUNI") (Respondent No. 2/Plaintiff No. 2).