BIJU M. VARGHESE Vs. ABRAHAM

JUDGEMENT

(1.) The petitioners, aggrieved by the dismissal of IA.No.2729/2019 filed by them in OS.No.1/2018 of the First Additional District Judge, Ernakulam, to get themselves impleaded as additional respondents have preferred this OP(C). The suit was filed by respondents 1 and 2 herein, under Section 92 of the Code of Civil Procedure, in a representative capacity under Order 1 Rule 8 of the Code of Civil Procedure, for a declaration that the Church was liable to be administered in accordance with the 1934 Constitution of the Malankara Church and other ancillary reliefs. The defendants appeared and contested the proceedings. The respondents 10 and 11 herein, who were the then trustees of the Church, contended that the suit was not maintainable. While so, the petitioners herein claiming that they are the present trustees of the Church, filed IA.No.2729/2019 in the above suit to get themselves impleaded as additional defendants. Plaintiffs filed objections, opposing the application. Court below, by the impugned order dismissed the application, which is challenged in this OP(C).

(2.) The contention of the petitioners herein is that the Church is a congregational Church of believers owing allegiance to the Patriarch of Antiocha trust in which the parishioners of the Church are the prime beneficiaries, along with others, who have faith in the Jacobite Syrian Church and its supreme head, the Patriarch of Antioch. According to the petitioners, the court below, in spite of noting that the suit was one under Section 92 of the Code of Civil Procedure and one instituted in a representative capacity under Order 1 Rule 8 of the Code of Civil Procedure, dismissed the application, which was illegal. It was contended that their presence was absolutely essential for the proper adjudication of the suit.

(3.) In the affidavit filed in support of the application for impleadment, the claim set up by the petitioners was that, they being the elected trustees of the Church, were liable to be in the party array. They were the only persons competent to represent the Church as its elected trustees. Hence, their presence in the party array was highly necessary.