American Baptist Foreign Mission Society v. American Baptist Foreign Mission Society And 4 Others

A.No.5071 of 2022 in C.S.No.18 of 2021 R.N.MANJULA,J.

This application has been filed by the applicant to implead himself as the plaintiff in the place of the existing plaintiffs and allow him to participate in the suit proceedings.

2. The contention of the applicant is that the present plaintiffs who have filed the suit on behalf of the American Baptist Foreign Mission Society does not have any locus standi to represent the Society. It is further submitted that the plaintiffs claim locus standi by virtue of the power of attorney executed on 13.12.2018 by the American Baptist Foreign Mission Society in Pennsylvania, Massachusetts, New York, United States of America and the plaintiff Society is registered in Chennai and it has got nothing to do with the Society registered at Pennsylvania.

3. However the learned counsel for the existing plaintiffs submitted that even the properties in other parts of the world including Chennai were the properties belonged to American Baptist Foreign Mission Society which purchased the properties in various parts of the world and

hence the applicant cannot claim separate interest in respect of the property or the Society registered in Chennai. It is further submitted by the learned counsel for the existing plaintiffs that their interest is also to safeguard the properties belonging to the Society and if the applicant is interested in the suit he can also join as the plaintiff and continue the proceedings.

4. The applicant's specific contention is that the present plaintiffs have got no locus standi to represent the Society for the purpose of safeguarding the properties in India and that they have the power of attorney given by the Society registered at Pennsylvania and the Society at Pennsylvania has got nothing to do with the plaintiff Society.

5. In the background of these facts and in the fitness of things, I feel it is appropriate if the applicant could also be impleaded as one of the plaintiffs and the question of locus standi for representing the Society can be left open for deciding it in a separate application filed to that effect or an issue on this can be framed in the suit itself.

6. With the above observations, this application is disposed.

19.09.2023 gsk

R.N.MANJULA,J.

gsk A.No.5071 of 2022 in C.S.No.18 of 2021 19.09.2023