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Madras High CourtA/2113/2021ordered

The Bishop Rt. Rev. Dr. J.George Stephen And Another v. The Most Rev. A.Dharmaraj Rasalam And Another

2021-06-17Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 17TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN A.Nos.2113 & 2114 of 2021

1. The Bishop Rt. Rev. Dr.J.George Stephen Bishop in Madras, Church of South India, No.226, Cathedral Road, Chennai - 600 086.

2. The Diocese of Madras, represented by its Secretary, Reve.Dr.Manuel S.Titus Church of South India, No.226, Cathedral Road, Chennai - 600 086.

..Applicants in both Applications Vs

1. The Most Rev.A.Dharmaraj Rasalam, The Moderator, Church of South India, Synod Secretariat, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014.

2. The Church of South India, Synod represented by its General Secretary, CSI Centre, No.5, Whites Road, P.O.Box No.688, Royapettah, Chennai - 600 014.

..Respondents in both Applications A.No.2113 of 2021:- Application praying that this Hon'ble Court be pleased to grant the leave of this Honble court to sue on behalf of the Church of South India (Madras Diocese) to file against the Respondents/Defendants in the above suit for relief sought for as above. A.No.2114 of 2021:- Application praying that this Hon'ble Court be pleased to grant leave of this Hon'ble court to file the above suit against the Respondents/ Defendants to be sued on behalf of the Church of South India (Synod) These Applications coming on this day before this court for hearing, the court made the following order:- Application No.2113/2021 is filed seeking to grant leave of this Court to sue on behalf of the Church of South India (Madras Diocese) to file against the

respondents/defendants and Application No.2114 of 2020 is filed to grant leave of this Court to file the above suit against the respondents/defendants to be sued on behalf of the Church of South India (Synod).

2. The suit is filed for declaration and permanent injunction.

3. Learned counsel for the applicants submitted that the respondents/defendants are unincorporated bodies and thus, both are representing their numerous persons having same interests in their respective unincorporated bodies. The applicants/plaintiffs are filing the present suit against the respondents/defendants in the representative capacity on behalf of the diocese of Madras as the actions of the respondents/defendants is contrary to the constitution of the Church of South India (Madras Diocese ) and as well as Constitution of Church of South India (Synod) as the respondents/defendants are interfering with the internal functioning and in the election disputes of the applicants/plaintiffs. As per Order 1 Rule 8 of CPC, the applicants/plaintiffs are required to seek leave of this Court to sue and to be sued. Hence, these applications are filed.

4. Considering the submissions made by the learned counsel for the applicants and taking note of the averments made in the plaint, leave is granted. Sd./-VPNJ 17/06/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 05/01/2022