METROPOLITAN ARCH BISHOP THE ARCHEPARCHY OF KOTTAYAM Vs. KNANAYA CATHOLIC NAVEEKARANA SAMITHY VAITHARA BUILDING (NEAR VILLAGE OFFICE)

JUDGEMENT

(1.) Defendants 1 and 2 in O.S.No.106 of 2015 of the Additional Sub Court, Kottayam are the original petitioners herein. The suit was filed by respondents 1 to 4, interalia, seeking a declaration that by entering into the sacrament of marriage with another Catholic from any Diocese, a member of the Archeparchy of Kottayam will not forfeit his/her membership in Defendant No.2, the Archeparchy of Kottayam and for a consequential prohibitory injunction against defendants 1, 2 and 3, restraining them from terminating the membership of any member of the Archeparchy of Kottayam for marrying a Catholic from any other Diocese. Defendants herein appeared and filed a written statement contending, interalia, that the reliefs sought by the plaintiffs in the suit was not for establishing a civil right under section 9 of the Code of Civil Procedure, subject matter of the suit was not one of civil nature as envisaged under section 9 of CPC. It was contended that the reliefs sought, cause of action and subject matter raised in the suit if granted would interfere with the rights of the defendants to manage their religious affairs. It was also contended that, there was no cause of action and no personal relief was sought by any of the plaintiffs. It was contended that, none of the personal rights of the plaintiffs was infringed and their grievances were only imaginary and reliefs were sought on academic or assumed rights.

(2.) On the basis of the pleadings, issues were framed by the court below. Maintainability of the suit and the question whether the suit was properly instituted were raised, interalia, as issue Nos.1 and 2. In the meanwhile, defendants 1 and 2 filed I.A.No.1181 of 2018 requesting the Court to hear the question of maintainability of the suit as a preliminary issue. Court below, by order dated 05.09.2018, adjourned the I.A for consideration along with the suit. This is challenged in O.P(C).No.2567 of 2018.

(3.) While so, defendants 1 and 2 filed I.A.No.1506 of 2018 to hear the preliminary issue, I.A.No.1534 of 2018 to review the order posting I.A.No.1181 of 2018 along with the suit and I.A.No.1553 of 2018 to condone the delay of 7 days in filing the review petition. Court below by a common order posted I.A.No.1506 of 2018 to be considered along with the suit and rejected the application for review. These orders are under challenge in O.P(C).No.3163 of 2018.