MATHAI ULAHANNAN Vs. FR.SKARIA @ SAKARIA

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in O.S.No.7 of 2013 of the District Court, Ernakulam challenge competence of that Court to receive the plaint in view of Sec.15 of the Code of Civil Procedure (for short, "the Code") and Sec.11 of the Kerala Civil Courts Act, 1957 (for short, "the Act").

(2.) FIRST respondent filed O.S.No.7 of 2013 in the District Court, Ernakulam. It involved a dispute regarding St.Mary's Orthodox Syrian Church, Piravom and prayed for reliefs such as restraining the defendants in the suit or their agents, servants, supporters, their henchmen from causing obstruction to the plaintiff officiating as vicar of Piravom Valiaya Palli and exercising his rights - both spiritual and temporal with respect to the said Church including performance of religious sacraments and all other functions in the said Church and its chapels.

(3.) LEARNED Senior Advocates for the respondents contended that even the decision in Pazhukkamattom Devaswom v. Lakshmikutty Amma (supra) is sufficient to hold that the District Court being the principal court of original civil jurisdiction is competent to entertain any suit of a civil nature the cognizance of which is not otherwise barred notwithstanding pecuniary limit of jurisdiction and, if necessary try the same. It is argued that Sec.15 of the Code is only procedural in nature and does not in any way curtail or affect jurisdiction of the Principal Court of original civil jurisdiction to entertain any suit of a civil nature. It is pointed out that under Sec.24 of the Code, it is within the power of the District Court after it entertained the original suit, if necessary to make over the same to appropriate Court. In this case, O.S.No.7 of 2013 was filed in the principal court of original civil jurisdiction (District Court, Ernakulam) where, after hearing the first respondent, plaint was numbered and later, made over to the designated court for trial and disposal. Reliance is placed on the decision in Hubert Peyoli Vs. Abusali (2007(4) KLT 392 (paragraph 8)).