Bangalore District Court
Chev.K.M.Joseph vs ) Jacobite Syrian Orthodox Society on 13 January, 2016
IN THE COURT OF XXXIX ADDITIONAL CITY CIVIL JUDGE
BANGALORE CITY
Dated on this the 13th Day of January 2016
PRESENT
Smt. Hemavathi BBM, LL.B,
XXXIX Additional City Civil & Sessions Judge,
Bangalore City.
Original Suit No.8453/2008
Plaintiff : Chev.K.M.Joseph
S/o K.M.Mathew
Aged about 73 years, Major,
Kalayathra, 79, 1st Stage,
Indiranagar, Bangalore-38
[By Sri. K.P.Jayasimha, Advocate]
Vs
Defendants : 1) Jacobite Syrian Orthodox Society
represented by its Secretary
Mr.K.V.Daniel, # 13, Queens
Road, Bangalore-52
2)H.G.Thomas Mor Themotiyos
Bishop,St.Mary's Jacobite Syrian
Orthodox Cathedral, # 13,
Queens Road, Bangalore-52
Also at Plot No.97, Sector a8A,
Nerul, Navi Mumbai-400 706
And also at
St.Joseph's Cathedral, Shashtri
road, Kottayam-1, Kerala
2
O.S.Nos.8453/2008
3)Rev.Fr.Geevargis George
Pulayath, St.Mary's Jacobite
Syrian Orthodox Cathedral, #
13, Queens Road, Bangalore-52
4)Mr.Riji
Sexton, St.Mary's Jacobite
Syrian Orthodox Cathedral, #
13, Queens Road, Bangalore-52
5)St.Mary's Jacobite Syrian
Orthodox Cathedral, # 13,
Queens Road, Bangalore-560
052
Suit against defendants No.2 to 5
is dismissed as per Order
dated.26.3.2009
(by Sri N.R., Advocate)
: 20.12.2008
Date of Institution
Nature of suit : Injunction Suit
Date of commencement
: 20.01.2010
of evidence
Date on which judgment
: 13.01.2016
is pronounced
Duration taken for Years Months Days
:
disposal 07 00 24
3
O.S.Nos.8453/2008
***
JUDGMENT
This suit is filed by the plaintiff against the defendants for the relief of mandatory injunction to direct the defendant No.1 to restore the plaintiff's title 'Chevalier' in the annual report of defendant No.1 for the year 2008 and also for the relief of permanent injunction restraining the defendant No.1 forcibly not to act on the basis of the fabricated Bull and to grant such other relief with costs.
2. The brief facts of the plaintiff's case are that the plaintiff is the true Jacobite Christian practicing Jacobite Christianity since many years and deeply devoted to the principles of said Christianity. The 1st defendant is the Society registered in the year 1978 and the plaintiff was the Founder official of the Society. Defendant No.2 is its Member and Metropolitan of the Church and defendant No.4 is Sexton of the Church and assistant of the Church Vicar. The plaintiff being a very devoted Jacobite was recognized by His Holiness the Patriarch and as provided in 4 O.S.Nos.8453/2008 the Esocopical Cannons of Law was honoured by conferring the title 'Chevalier' by issue of Bull No.E201/92 dated.22.6.1992 by His Holiness. His Holiness had never sent any Bull addressed to the plaintiff and no warning or notice was issued. The defendants willfully wronged the plaintiff by stating that he is a bad man and deserves to be kept out of not only Church, but also society to which he rightfully belongs. For this purpose, the defendants made several illegal attempts to defame the plaintiff in the eye of public, but not succeeded. On 23.2.2008 when he attended the mass, at about 8 a.m. the Sexton of the Church stopped him while he was coming out of the Church and served document which defendant No.1 claimed was the Bull issued by His Highness Patriarch of Damascus. The plaintiff was shocked as he has never done any harm. Plaintiff submitted letters dated.27.2.2008, 5.3.2008 and 17.4.2008 asking the authorities as to how the document purported to have been prepared on 19.2.2008 in Damascus, Syria reached the Church in Bangalore within four days and how the defendants got the possession of the 5 O.S.Nos.8453/2008 same and as to how he was contacted and by whom and in what capacity he served the same, but no answer was given to him in spite of issuance of reminders. Strangely all Malayalam newspapers carried the news of stripping of the title 'Chevalier' from the plaintiff in their local dailies of the issues dated.24.2.2008. It is clear that the defendants have committed the offence of creating a false document to defame the plaintiff and have used it intentionally with the approval of the 2nd defendant only with an intention to harm the reputation of the plaintiff. He has lodged a Complaint under Sections 499 & 500 of IPC before the Metropolitan Magistrate Court at Bangalore for creating a false document to defame the plaintiff. The 1st defendant believing the fake document i.e., Bull No.E 62/2008 deleted the title of 'Chevalier' of the plaintiff in the Annual Report and accounts of the defendant Society as on 31.3.2008. In all these years the title of the plaintiff as 'Chevalier' was given in the Annual Reports from the years 1992. This deletion of title has resulted in further tarnishing the name of the plaintiff in the Society also. Hence filed the suit. 6
O.S.Nos.8453/2008
3. Defendants filed written statement denying the averments made in the plaint and contended that the plaintiff is belonging to Knananaya community and not Jacobite community and the plaintiff had filed O.S.No.2084/2000 before the City Civil Judge, Bangalore contending that he is belonging to minority Knananaya community and in order to protect the alleged interest of the Knananaya members in the St.Mary's Jacobite Syrian Orthodox Church, he filed the said suit. The 1st defendant is a Society registered under the Karnataka Societies Registration Act in the year 1978. It may be true that the plaintiff is the Founder official of the 1st defendant Society. The 2nd defendant is the Patron of the said Society and Metropolitan of the Church. The 4th defendant is the Sexton of the Church and Assistant of the Church Vicar. The Jacobite and Knananaya are different communities which are coming under common patriarch. It is true that the plaintiff was conferred with the title 'Chevalier' by His Holiness Patriarch of Antioch, Supreme Head of the 7 O.S.Nos.8453/2008 Universal Syrian Orthodox Church. The plaintiff is not a Chevalier K.M.Joseph, but he is only Mr.K.M.Joseph. The plaintiff has deliberately mentioned Chevalier K.M.Joseph in the cause title of the plaint even though the Chevaliership has been removed by a Bull dated.19.2.2008 by Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria. The plaintiff has written a letter dated.31.3.2008 to His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church, indicating the return of Medal 'Decoration of Chevaliership' given to him as per Bull No.E201/92 dated.22.6.1992 by accepting the Bull No.E62/2008 dated.19.2.2008. Now the plaintiff cannot turn back and make allegation that the Bull No.E62/2008 dated.19.2.2008 is a fabricated one and the plaintiff is estopped from pleading contrary to his own admission given in his letter dated.31.3.2008. The plaintiff has admitted the said letter in his cross-examination in O.S.No.2084/2000 and the conduct of the plaintiff in filing this suit is deplorable and should be condemned. After 8 O.S.Nos.8453/2008 establishment of Knananaya Churches at Bangalore, a communication was issued to all the members of Knananaya community at St.Mary's Jacobite Syrian Orthodox Church to take up membership in the Knananaya Churches only and not to interfere with the affairs of St.Mary's Jacobite Syrian Orthodox Church since the said Church is belonging to Jacobites. All the Knananaya community members have taken up membership at Knananaya Churches at Bangalore and discontinued the membership at St.Mary's Jacobite Syrian Orthodox Church. The plaintiff has also taken membership of Knananaya Church at Bangalore, but he continued his membership at St.Mary's Jacobite Syrian Orthodox Church and indulged in litigation against St.Mary's Jacobite Syrian Orthodox Society by filing cases before Registrar, Writ Petitions, Criminal Complaint and Original Suits. The said conduct of the plaintiff has been brought to the notice of His Holiness and Patriarch of Antioch of all the East, the Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria by the Church Authorities. A 9 O.S.Nos.8453/2008 communication was made by the said Supreme Head on 19.6.2006 to the plaintiff and the same was communicated to plaintiff by his Grace Athanasios Geevargis, Patriarchal Vicar for Indian Affairs on 18.8.2006 communicating not to interfere with the affairs of the Jacobites and Jacobite Churches and to take up membership at Knananaya Churches at Bangalore leaving the membership of the Jacobite Syrian Churches in Bangalore and allow them to function peacefully. The plaintiff violated the said communication and indulged in litigation against St.Mary's Jacobite Syrian Orthodox Church as well as 1st Defendant Society. After taking into consideration the illegal activities of the plaintiff against the St.Mary's Jacobite Syrian Orthodox Church and the 1st defendant Society, His Holiness and Patriarch of Antioch of all the East, the Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria, removed the Chevaliership of the plaintiff by issuing a Religious Bull No.E62/2008 dated.19.2.2008 and the said Bull has been issued to the plaintiff by His Holiness and Patriarch of Antioch of all the East, the 10 O.S.Nos.8453/2008 Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria and the said Bull has been properly issued and the signature is also found in the middle of the official seal pertaining to Bull bearing No.E62/2008 dated.19.2.2008. The plaintiff raised a frivolous contention that the said Bull is a concocted and got up document on the ground there is no signature found in the bottom of the Bull. But the signature is found in the top of the Bull inside the official seal. The certified copy has been issued by His Holiness and Patriarch of Antioch of all the East, the Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria and the decision of the Supreme Head cannot be challenged in any Court of Law since it is a religious matter. This Court has no territorial jurisdiction to try the matter. Hence prayed to dismiss the suit.
4. On the basis of the pleadings of the parties, the learned predecessor of this Court has framed the following issues :
11
O.S.Nos.8453/2008
1) Whether the plaintiff proves that the withdrawal of title 'Chevalier' is illegal?
2) Whether the plaintiff further proves Bull No.E 62/08 dated 19/2/2008 document is fabricated?
3) Whether the permanent injunction can be granted against first defendant not to act on the basis of disputed Bull?
4) What order or decree ?
5. Plaintiff examined himself as P.W.1 and got marked six documents as per Exs.P.1 to P.6. Though the plaintiff examined two more witnesses as PW2 and PW3, subsequently as per request of the plaintiff, the evidence of PWs.2 and 3 has been discharged. The Defendant examined Secretary of the St.Mary's Jacobite Syrian Orthodox Society who is defendant No.1 as DW1 and got marked two documents as Ex.D3 and Defendant No.4 and two more documents are marked during the course of cross examination of PW1 as Ex.D1 and Defendant No.2. In spite 12 O.S.Nos.8453/2008 of giving sufficient opportunity, the plaintiff did not cross examine DW1. Hence it is taken as 'no cross'.
6. Heard defendant's advocate. In spite of opportunity given to the plaintiff, the plaintiff did not argue the matter.
7. My findings on the above issues are :
Issue No.1 : In the Negative. Issue No.2 : In the Negative. Issue No.3 : In the Negative. Issue No.4 : As per the final order, for the following reasons.
REASONS
8.Issues No.1 and 2 : As these issues are interlinked, to avoid repetition of facts and evidence, I have taken up these issues together for discussion.
9. Herein the fact that the plaintiff was the member of St.Mary's Jacobite Syrian Orthodox Church and he was conferred with the title 'Chevalier" by issue of Bull No.E 201/92 dated.22.6.1992 by His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox 13 O.S.Nos.8453/2008 Church and it was removed by issuing a Religious Bull No.E 62/2008 dated.19.2.2008 are all admitted fact. The contention of the plaintiff is that His Holiness had never sent any Bull addressed to the plaintiff, but the defendant Society made several illegal attempts to tarnish the image of the plaintiff in the eye of public, but not succeeded and on 23.2.2008 when he attended the Mass at about 8 a.m., the Sexton of the Church stopped him while he was coming out of the Church and served a document which defendant No.1 claimed was the Bull issued by His Highness Patriarch of Damascus. Thereafter when the plaintiff submitted letters dated.27.2.2008, 5.3.2008 and 17.4.2008 asking the authorities as to how the document purported to have been prepared in Damascus Syria reached the Church in Bangalore within four days and how the defendants got the possession of the same and as to how he was contacted by whom and in what capacity he served the same, no answer was given to him in spite of issuance of reminders. Later in all Malayalam newspapers, the news of stripping of the title Chevalier from the plaintiff was published on 24.2.2008 by 14 O.S.Nos.8453/2008 creating a false document. The defendants have done everything to crush him and the said document is not signed by His Holiness, but it was created by the defendants with ulterior motive and the 1st defendant believing the fake document i.e., Bull No.E 62/2008 deleted the title of Chevalier of the plaintiff in the annual Report and accounts of the defendant society as on 31.3.2008 though in all these years the title of the plaintiff as Chevalier was given in the annual reports from the year 1992. This deletion of title has resulted in further tarnishing the name of the plaintiff in the society.
10. Per contra the defendants have contended that the plaintiff is belonging to Knananaya community and not Jacobite community. The plaintiff has deliberately mentioned his name as Chevalier K.M.Joseph in the cause title of the plaint even though the Chevaliership has been removed by a Bull dated.19.2.2008 by His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria and the plaintiff has 15 O.S.Nos.8453/2008 written a letter dated.31.3.2008 to His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church, indicating the return of Medal 'Decoration of Chevaliership' given to him as per Bull No.E 201/92 dated.22.6.1992 by accepting the Bull No.E 62/2008 dated.19.2.2008. By suppressing the said fact the present suit is filed. After taking membership in Knananaya Churches at Bangalore, the plaintiff was directed not to interfere with the affairs of St.Mary's Jacobite Syrian Orthodox Church since the said Church is belonging to Jacobites. But he continued his membership at St.Mary's Jacobite Syrian Orthodox Church and indulged in litigation against St.Mary's Jacobite Syrian Orthodox Society by filing several cases. This fact was brought to the notice of His Holiness and Patriarch of Antioch of all the East, the Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria by the Church Authorities and a communication was made by the said Supreme Head on 19.6.2006 and the same was communicated to plaintiff on 18.8.2006 communicating not to interfere with the affairs 16 O.S.Nos.8453/2008 of the Jacobites. In spite of that the plaintiff violated the said communication and indulged in litigation against St.Mary's Jacobite Syrian Orthodox Church as well as 1st Defendant Society. Hence Chevaliership of the plaintiff was removed by His Holiness and Patriarch of Antioch of all the East, the Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria, by issuing a Religious Bull No.E 62/2008 dated.19.2.2008 and the said Bull has been issued to the plaintiff by His Holiness and Patriarch of Antioch of all the East, the Supreme Head of the Universal Syrian Orthodox Church, Damascus, Syria and the said Bull has been properly issued and the signature is also found in the middle of the official seal pertaining to Bull bearing No.E62/2008 dated.19.2.2008. It has been accepted by the plaintiff in his letter dated.31.3.2008 and he cannot question the said decision of His Holiness as it is a religious matter.
11. PW1 in his cross examination has deposed that he was conferred with Chevaliership by the Supreme Head 17 O.S.Nos.8453/2008 of Universal Syria Orthodox Church, Damascus Syria. But denied that the said authority has got power to remove him from Chevaliership. He does not know the Supreme Head confirmed or removed him from Chevaliership. He admits that he has taken membership at Kananaya Church at Bangalore. But denied that he was removed from membership of St.Mary's Jacobite Syrian Orthodox Church due to non-payment of membership fee. He admits that he has not withdrawn his membership from St.Mary's Jacobite Syrian Orthodox Church even though there is a communication from the Supreme Head. He has admitted that he has given evidence by way of affidavit in O.S.No.2084/2004. He also admitted his deposition at page No.9 of cross-examination in that case. He admitted that he accepted the religious Bull issued by Patriarch and he admitted that Chevalier title is not given by defendant No.1 to him.
12. The plaintiff has produced Ex.P1, which is letter dated.23.2.2008 by the Father Geevargis George Pulayath 18 O.S.Nos.8453/2008 to the plaintiff enclosing the Apostolic Bull No.E 62/08 dated.19.2.2008 received from His Holiness Moran Mor Ignatius Zakka I Iwas, Patriarch of Antioch and All the East, Supreme Head of the Universal Syrian Orthodox Church. Ex.P2 is the letter from Vicar to the plaintiff enclosing Bull No.E 175/06 dated.19.6.2006 issued by His Holiness Moran Mor Ignatius Zakka I Iwas, Patriarch of Antioch and All the East. Ex.P3 and P4 are the letters dated.27.2.2008 and 5.3.2008 by the plaintiff to the Rev.Fr.Geevarges George Pulayath asking him to furnish details about how and through whom he has received Bull No.E 62/08 dated.23.2.2008 and the details and case number which were filed by him against Jacobite Church.
13. Ex.D1 is the certified copy of the evidence of the plaintiff herein in O.S.No.2084/2000, wherein at page 29 he deposed as follows:-
"Now, I am shown a letter dated.31.3.2008 addressed his holiness. It is written by me. It is marked as Ex.P9."19
O.S.Nos.8453/2008
14. The letter dated.31.3.2008 is marked as Ex.D4, which reads thus:-
"This is in continuation to Knanaya communities appeal and report about Bangalore issues sent to your Holiness (4 pages) through the Patriarchal Vicar for Indian affairs during December 2006.
Issued on Bull No.E 62/2008 dated.19.2.2008 received along with covering letter dated.23.2.2008 from Jacobite Queen's Road Church Vicar(copy enclosed), I return herewith the medal given to me by Late H.E.Clemis Abraham which was given to me as per Bull No.E 201/92 dated.22.6.1992."
15. So it is clear that by writing these letters, the plaintiff returned the Medal given to him as per Bull No.E 201/92 dated.22.6.1992 and accepted the issuance of Bull No.E 62/2008 dated.19.2.2008. Now the plaintiff cannot contend that his Chevaliership has been removed illegally. If the contention of the plaintiff is true, he would have challenged the same prior to issuance of letter as per Ex.D4. Further Ex.D2 is the certified copy of the Bull No.E 62/2008 dated.19.2.2008 and Ex.D3 is the letter 20 O.S.Nos.8453/2008 dated.19.3.2006 issued by Orthodox Patriarchate of Antioch and All the East, which reveal that by this letter, the plaintiff was directed not to interfere with the affairs of Jacobite Church, Bangalore and directed the plaintiff to take membership of Knananaya church at Bangalore and also directed him to obey the directions of His Holiness failing which he was warned about action that may be taken by His Holiness. This document falsifies the deposition of PW1 in the cross-examination that he was not warned by His Holiness. By producing the document as per Ex.D1, the defendant has proved that the plaintiff has filed a suit against 1st defendant and others. The contention of the defendants is that since the plaintiff had not followed the direction, Bull No.E 62/08 was issued by removing Chevaliership of the plaintiff. The plaintiff has contended that it was issued illegally and it is a fabricated document. To corroborate this fact, the plaintiff has not cross- examined DW1 for the reason best known to him in spite of opportunity given to him. The evidence of PW1 as per Ex.D1 and Ex.D4 clearly prove that the plaintiff had 21 O.S.Nos.8453/2008 accepted issuance of Bull No.E 62/2008 dated.19.2.2008 by removing his title of Chevaliership. If really it is a fabricated document, he would have stated the same in Ex.D4 which was much prior to this suit. So when once he returned his title of Chevaliership by accepting issuance of Bull No.E 62/2008 as per Ex.D4 without raising any objection, the allegation that it is fabricated document is an afterthought. In the absence of cross-examination of DW1 to disprove the contention of the plaintiff that said Bull No.E 62/2008 was illegally issued and the plaintiff's title of Chevaliership has been illegally removed and the documentary evidence produced by the defendants dis- proves the case of the plaintiff, I hold that the plaintiff has failed to prove Issue Nos.1 and 2. Hence I answer these two issues in the Negative.
16. Issue No.3 :- When the plaintiff has failed to prove Issue Nos.1 and 2, the plaintiff is not entitled for the relief. It is the argument of the learned advocate for the defendants that the suit is bad for non-joinder of necessary 22 O.S.Nos.8453/2008 and proper party who is His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church who issued the title of Chevaliership to the plaintiff and removed the same by issuing Bull NO.E 62/2008 and also this Court has no territorial jurisdiction to try this suit, because the power to withdraw the title of the plaintiff is well within the wisdom of His Holiness and furthermore the said title of Chevaliership given to the plaintiff and removal of the same is from Damascus Syria. So this Court has no jurisdiction to try the suit.
17. Herein it is admitted by the plaintiff that the title of Chevaliership was given to him by His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church and the documents produced by the defendants reveal that the title of Chevaliership was removed by the same authority. When such being the case the plaintiff should have made His Holiness as a party who is a necessary party. Therefore, the suit is bad for non- joinder of necessary party. Of course the said title was 23 O.S.Nos.8453/2008 issued by His Holiness Patriarch of Antioch, Supreme Head of the Universal Syrian Orthodox Church, Damascus Syria. But it is received at Bangalore. So the argument of the learned advocate for the defendants that this Court has no territorial jurisdiction to try this suit does not holds good. However in view of my answer to Issue Nos.1 and 2, I hold that the plaintiff is not entitled for any relief. Hence I answer this Issue in the Negative.
18. Issue No.4:- In view of the above discussions, I proceed to pass the following:
ORDER Suit filed by the plaintiff against the defendants in dismissed with costs. (Dictated to the Judgment Writer, transcript corrected, signed and then pronounced by me in the open court, this the 13th day of January 2016) (Hemavathi) XXXIX Additional City Civil & Sessions Judge, Bangalore City. *** ANNEXURE:-
1. List of witnesses examined for plaintiff :24
O.S.Nos.8453/2008 P.W.1 : K.M.Joseph P.W.2 : E.G.Koruth P.W.3 : Elias P.Joseph
2. List of witnesses examined for defendants:
D.W.1 : A.P.Johny
2. List of documents exhibited for plaintiff :
Ex.P1 - letter dated.23.2.2008 by the Father Geevargis George Pulayath to the plaintiff Ex.P2 - Letter from Vicar to the plaintiff Ex.P3 - Letter dated.27.2.2008 Ex.P4 - Letter dated.5.3.2008 Ex.P5 - Letter dated.17.4.2008 Ex.P6 - Name and address of members of St.Mary's Jacobite Syrian Orthodox Society
3. List of documents exhibited for defendants:
Ex.D.1 - Copy of Evidence of plaintiff in O.S.2084/2000 Ex.D.2 - Copy of Bull No.E 62/2008 dated.19.2.2008 Ex.D.3 - Certified copy of the letter dated 18/8/2006 addressed to the Plaintiff by Syrian Orthodox Patriarchate of Antioch & all the East, Patriarchal Vicar For Indian Affairs Ex.D.4 - Certified copy of the Letter dated 31/3/2008 written by Plaintiff 25 O.S.Nos.8453/2008 (Hemavathi) XXXIX Additional City Civil & Sessions Judge, Bangalore City.
*** Mn Judgment pronounced in the open Court (Vide separate Judgment) ORDER Suit filed by the plaintiff against the defendants is hereby dismissed with costs.
XXXIX Additional City Civil & Sessions Judge, Bangalore City.