AMAL CHAKRABORTY Vs. V S LALL

JUDGEMENT

(1.) -The instant revisional petition relates to the matter of temporary injunction in Title Suit No. 55 of 1997 of the Court of Civil Judge, Senior Branch, at Bankura, wherein the learned trial court did allow an application under Order 39 Rules 1 and 2 read with section 151 of the CPC and directed both the parties to maintain the status quo in respect of the plaintiff-Executive Committee and its functioning till the disposal of the suit, but subsequently, the said order was set aside by the impugned order dated 16.12.97 of the Appellate Court i.e. Additional District Judge, 1st Court, Bankura. Soon after the institution of this revision, the parties were again directed to maintain the status quo pending hearing before this court.

(2.) Be it recorded as a backdrop that the Church of North India has got its own Constitution and guiding policies with bye-laws. It operates through its Synod Dioceses and Pastorates and it functions through its Executive Committee with its Head Office in Delhi. The Durgapur Diocese is one of the regional organisations of the Church of North India (hereinafter referred to as CNI) and it has jurisdiction over Churches, Schools, Colleges etc. the District of Bankura, Purulia, Midnapur, Burdwan, Birbhum, Malda North and South Dinajpur organised and administered by the Christan Missionaries. The plaintiff being the secretary of the Diocese of Durgapur was informed by the Pastorate incharge by his letter dated 21.4.97 that Durgapur Executive Committee has been dissolved in the meeting of Church of North India Synod Executive Committee held on 15-17 April, 1997 and an ad hoc Committee has been appointed. Thereupon, the plaintiff being the Secretary of Durgapur unit filed the suit-in-question for declaration of the resolution as illegal, un-constitutional and inoperative and also for injunction. Thereupon, the two orders as referred to above were passed one after the other by the courts below.

(3.) The relevant extract of the resolution of the Executive Committee of the Synod is as follows:-