LAWS(MAD)-2010-11-538

JOHN VINCENT, SILUVAIMUTHU AND ASHOK Vs. D VEDANAYAGAM AND ORS

Decided On November 10, 2010
John Vincent, Siluvaimuthu And Ashok Appellant
V/S
D Vedanayagam And Ors Respondents

JUDGEMENT

(1.) The Petitioners in I.A. No. 525 of 2008 in I.A. No. 739 of 2007 in O.S. No. 194 of 2007, on the file of the Additional District Munsif, Nanguneri are the revision Petitioners.

(2.) The suit in O.S. No. 194 of 2007, was filed by the fifth Respondent in this revision in a representative capacity against the Respondents 6 to 11 for declaration that the election to the Pastoral Committees, Church Councils and Diocesan Council of the first Defendant Diocese held on 07.10.2007, 12.10.2007 and 20.10.2007 are null and void non-est and not binding on the members of first Defendant Diocese and for other reliefs. The fifth Respondent herein also filed an I.A. No. 739 of 2007, for injunction restraining the Respondents 6 to 8 from conducting any elections including the election to the Executive committee, Sub Committees, Office of Lay Secretary, Vice Chairman and Clerical Secretary of 1st Defendant Diocese till the disposal of the suit and the learned Additional District Munsif, Nanguneri disposed of the said application on 30.11.2007 by issuing certain directions and permitted them to conduct the next phase of election subject to the direction stated therein. This order was passed in I.A. No. 739 of 2007. That order was challenged by a third party to the suit in CRP (PD) No. 1764 of 2007 and this Court allowed the revision setting aside the order of the learned Additional District Munsif Court, Nanguneri made in I.A. No. 739 of 2007 in O.S.194 of 2007 on 14.12.2007.

(3.) Therefore, the revision Petitioners herein filed I.A. No. 525 of 2008, for restoration, to place the members of Diocese of Tirunelveli in a position which they had occupied prior to 30.11.2007. In that petition the Respondents 1 to 4 who claimed to have been elected in the subsequent phase of election pursuant to the order passed in I.A. No. 739 of 2007, wanted to get themselves impleaded and therefore, filed I.A. No. 574 of 2008 in I.A. No. 525 of 2008, to implead themselves and that petition was allowed by the learned Additional District Munsif and against the same, this revision is filed.