ALL SAINTS CHURCH SOCIETY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of order dated 2.11.2004 passed by the Addl. District Judge No.6, Jaipur City, Jaipur whereby the learned Judge has dismissed the application filed by the appellants under Order 39, Rules 1 and 2 of the Code of Civil Procedure (the Code, for short).

(2.) In a nutshell the facts of the case are reminiscent of the Reformation in 16th Century Europe: the contest in this case is between the Church of North India (henceforth to be referred to as 'the CNI' or the Mother Church, for short), a body controlling the Roman Catholic Churches in North India and the appellant society, 'The All Saints Church Society'. It is the appellants case that the members of the society were earlier members of the Roman Catholic Churches under the Diocese of Rajasthan (for short 'the Diocese, for short) belonging to the CNI. However, as the members were disturbed by the functioning of the CNI in general and of the Diocese, in particular, they broke away from the Mother Church and formed a society called 'The All Saints Church Society' on 26th of November, 1989. Subsequently, on 27-12-1989, the said society has been registered under the Societies Act. The societys Registration number is, Registration Certificate No. 357/Jaipur, 1989. The society also has its own Constitution, Rules and Regulations. The object and purpose of the society is "to follow all through its Governing Body (also known as Pastorate Committee), by word and deed the gospel of Jesus Christ for the salvation of good of all humankind through worship and all other activities of the Church, which may include educational, medical, social, agricultural and other services which promote spiritual growth, self-reliance and social justice, irrespective of caste, creed or colour. There shall be no profit motive involved in attainment of the above objects." The members of the society were to constitute a governing body. The society was also to have certain officers such as the Chairman, the Vice-Chairman, the Secretary, and the Treasurer. According to the constitution, the property of the society included move able and immoveable property of the All Saints Church such as Church building situated near the old residency. The Priest who would carry out the service in the Church had to be Ordained Priest. Further it is the appellant's case that having formed the society and having registered itself, the members broken away from the Mother Church. Therefore, they were no longer controlled or regulated by the Constitution of the CNI. As a separate congregation, the appellant claimed a right to appoint Priest in their own Church. However, the respondent No.3, the Diocese, on the other hand, claimed that it had the right to appoint an Ordained Priest in the All Saints Church situated in Jaipur. Obviously, both the parties were claiming the right to appoint an Ordained Priest to the same Church and over the congregation of the society. According to the appellants, by appointing a Priest the respondent No.3 was trying to take over the control and possession of the property belonging to the society and was trying to eliminate the break away society. Therefore, the appellant filed a suit for declaration and injunction against respondent No. 3.

(3.) The respondent No.3 filed its written statement and denied the averments of the plaint. The respondent No.3 narrated a long history about the founding of the Mother Church in India and about the creation of the CNI and its functioning for the last 125 years. According to the respondents, the appellant had no independent existence, but for the CNI. Therefore, the constitution of the CNI was applicable even on the society, which had broken away from the mother Church. Hence under the constitution of CNI, it is the Diocese that had the power to appoint the priest. The appellant could not take the said power away.