DANIEL Vs. MOST REV. UHANON MARTHOMA METROPOLITAN

JUDGEMENT

(1.) THIS is an appeal by the first two of the four plaintiffs in O. S. No. 116 of 1955 of the court of the Subordinate Judge of Kottayam Of those two, only the first, Ninan Daniel, has entered an appearance before us. He will hereinafter be referred to as the appellant.

(2.) PLAINTIFFS 3 and 4 have been impleaded as respondents 7 and 8, and defendants 1, 2 and 4 to 7 as respondents 1 to 6. The 3rd defendant was removed from the party array by the order of the trial court dated 27-8-1955 on C.M.P. No. 3514 of 1955, a petition of the appellant filed for that purpose. Defendants 4 to 7 came on record in pursuance of a public advertisement under Order 1, Rule 8 of the Code of Civil Procedure, 1908. The petition filed by defendants 4 to 6 was CMP. No. 3861 of 1955. It was allowed on 1-11-1955. The petition filed by the 7th defendant was CMP. No. 4267 of 1955. That petition also was allowed on 1-11-1955.

(3.) THE contention of alienage and automatic termination of office, as put before us, is based on an allegation of three departures from the tenets of the Marthomite faith. The departures alleged relate to the exclusive authority of the Bible, prayers for the dead, and the performance of the Eucharist or Holy Communion. It was common ground that if we came to the conclusion, as we have done, that there was no such departure, the other questions raised before the lower court and in this appeal will not arise for consideration and need not be dealt with in this judgment.