Simon v. M.v.George
Case brief
What is this about?
RFA appeal against dismissal of suit seeking declaration that a Parish church is liable to be administered under 1934 constitution held not maintainable for failure to obtain leave of court under Section 92 of CPC.
What did the court decide?
Appeal dismissed on ground that suit is not maintainable under Section 92 of CPC.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936
RFA.No. 114 of 2006 (F)
OS 19/2003 of I ADDITIONAL DISTRICT COURT, ERNAKULAM
APPELLANTS/PLAINTIFFS:
- K.T.SIMON, AGED 54, S/O.THOMAS KONAMPURATH HOUSE, MANNAMANGALAM MURIKKUMPARA, THRISSUR-14.
- K.M.CHERIAN, AGED 48, S/O.MATHAI, KOLLAMPADIYIL HOUSE, KOLANKUNDU MANNAMANGALAM, THRISSUR.
- P.U.POULOSE, AGED 55, S/O.ULAHANNAN, PARACKAL HOUSE MANNAMANGALAM, THRISSUR.
BY ADVS.SRI.BIJU ABRAHAM
SRI.B.G.BHASKAR
Issues for consideration
3 issues framed by the court
Whether a suit for declaration regarding the administration of a constituent Parish church under the 1934 constitution requires leave of court under Section 92 of the CPC.
Whether the suit is maintainable when filed without obtaining the requisite leave under Section 92(1) CPC for a public religious trust.
Whether the reliefs claimed in the suit fall within the ambit of Section 92 of the Code of Civil Procedure.
Parties & counsel
- appellant
K.T.Simon
- appellant
K.M.Ch Materialien
- appellant
P.U.Paulose
- respondent
M.V.Grace
- respondent
O.U.Elias
- respondent
Case details
As recorded by the court registry
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