ST.GEORGE JACOBITE SYRIAN Vs. FR.ABRAHAM KARAMEL

JUDGEMENT

(1.) The plaintiffs in a suit under Section 92 of the Code of Civil Procedure (the Code) are the petitioners in the original petition.

(2.) The dispute in the suit relates to a church over which rival claims are made by two factions known as Jacobite and Orthodox. In the course of the proceedings, the plaintiffs preferred an application for withdrawal of the suit without prejudice to the right of the plaintiffs to file a fresh suit on the same cause of action. Ext.P4 is the application preferred by the plaintiffs in this connection. Being a suit under Section 92 of the Code, the court ordered a publication to be made for considering the said application. In response to the publication made by the court in this regard, two persons preferred Ext.P7 application stating that they are holding same interests as that of the plaintiffs in respect of the subject matter of the suit and that therefore, they may be permitted to continue the suit. The court below allowed Ext.P4 as also Ext.P7 applications by permitting the plaintiffs to withdraw from the suit without prejudice to their right to file a fresh suit and permitting the petitioners in Ext.P7 application to continue the suit as additional plaintiffs. Ext.P8 and Ext.P9 are the orders passed by the court on Ext.P4 and Ext.P7 applications. Ext.P9 order is under challenge in this original petition.

(3.) Heard the learned counsel for the petitioners as also the learned Senior Counsel for the respondents.