High Court
Case Details
HIGH COURT OF ORISSA : CUTTACK RSA NO.107 OF 2022 In the matter of appeal under Section-100 of the Code of Civil Procedure assailing the judgment and decree dated 16.04.2022 and 26.04.2022 respectively passed by the learned District Judge, Gajapati, Paralakhemundi in RFA No.14 of 2019 in confirming the judgment and decree dated 16.08.2019 and 22.08.2019 respectively passed by the learned Civil Judge (Senior Division), Paralakhemundi in T.S. No.10 of 2022. ……… The Catholic Christians of Chandiput Parish :::: Appellants & Another -:: VERSUS ::- The Vinentian Orissa Society & Others :::: Respondents. Advocate(s) who appeared in this case by hybrid arrangement (virtual/physical) mode. ----------------------------------------------------------------------------------------- For Appellants … M/s Ashok Das, Mr.M.R. Dash, S.A.K. Dora, A.K. Mohanty. K.N. Das (Advocate). For Respondents … --- --- --- ------
Legal Reasoning
CORAM : MR. JUSTICE D.DASH --------------------------------------------------------------------------------------- Date of Hearing: 28.11.2023 :: Date of Judgment: 04.12.2023 --------------------------------------------------------------------------------------- D.Dash,J. The Appellants, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the {{ 2 }} judgment and decree dated 16.04.2022 and 26.04.2022 respectively passed by the learned District Judge, Gajapati, Paralakhemundi in RFA No.14 of 2019. The Appellants as the Plaintiffs had filed the suit seeking the following reliefs:- declaration the publication of (i) notification in Oriya newspaper daily “Anupam Bharat” on 16.12.2001 as null and void and not binding on them and further Fr. Joseph Pani; and that to (ii) restrain Respondents (Defendants) there agent etc. from entering into the campus of Chandiput Christian Church and interfering the office of the priest of Fr. Joseph Pani. the The suit having been dismissed, the Appellants being the unsuccessful Plaintiffs had carried the Appeal under section 96 of the code. That has also been dismissed. 2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court. 3. The Plaintiffs are the Catholic Christians of Chandiput Parish. Father Joseph Pani was certified as the Father of the Church by its Holiness, the Pope, the Supreme Pontiff from the Vatican City. It is stated that the Defendant Nos.1 and 2 have got nothing to do with the appointment and transfer of the Father of the Church whereas Defendant Page 2 of 6 {{ 3 }} No.3 is a mere religious titular head within the diocese and has no power to remove or transfer the father of the church of a Parish. They state that after averring the history of Christianity making inroad into Chandiput area and establishment of the Church, the Defendants have entered into a conspiracy to remove Father Joseph Pani from Chandiput Parish and in that bid, they published an advertisement in the Oriya Daily newspaper ‘Anupam Bharat’, notifying the dismissal of Father Joseph Pani as the priest of the church. It is thus said that the Defendants have no authority to do so and, therefore the publication made in that regard is null and void. 4. The Defendants in their written statement while traversing the plaint averments have stated that Joseph Pani was the father of Chandiput Church which comes under the jurisdiction of Berhampur Diocese on 14.07.1996. He indulged in indiscipline and immoral activities and misconducted himself. So, he was dismissed form his religious congregation on 08.10.2001 and his priestly membership was stripped of by the Superior General in Rome. Such communication of the Superior General was transmitted to Father John Rana Singh for its communication to father Joseph Pani and that has been sent to Father Joseph Pnai on 22.11.2001 by registered post which he refused to receive. Since the act of disobedience and misconduct on the part of Page 3 of 6 {{ 4 }} Father Joseph Pani affected the religious activities and faith of the faithful of the Parish of Chandiput, said order of Superior General of Rome was published in the daily newspaper so as to be given effect to and for the knowledge of all concerned. It is stated that the Plaintiffs are the henchmen of that Father Joseph Pani and, therefore, the suit have been filed through them seeking the relief when Father Joseph Pani is the real man behind the smokes screen. 5. On the above rival pleadings, the Trial Court framed as many as five issues. Sitting over to answer the said issues, the Trial Court has returned all those against the Plaintiffs. The First Appellate Court being moved by the unsuccessful Plaintiffs has confirmed the dismissal of the suit by holding that the Plaintiffs have no locus standi to institute the suit in the present form seeking the reliefs as laid. Therefore, the Second Appeal is at the instance of the Plaintiffs who have been unsuccessful before both the Courts below. 6. Learned counsel for the Appellants submitted that the Plaintiff Nos.1 and 2 having been elected as the President and Member of Chandiput Parish, the suit at their instance ought to have been held to be maintainable and the Courts below are not at all right in saying that the suit instituted by the Plaintiffs seeking the reliefs which was for protection of the interest of the Chandiput Parish as maintainable. He, Page 4 of 6 {{ 5 }} therefore, urged for admission of this Appeal to answer the above as the substantial question of law. 7. Keeping in view the submission made, I have carefully read the judgment passed by the Courts below. 8. When it is said by the Plaintiff Nos.1 and 2 were elected as the President and Member of the Chandiput Parish respectively, the Courts below have held that the same do not derive any support from the evidence, either oral or documentary. This position even as on the date of admission hearing of this Appeal has remained undisputed. Undoubtedly, the Priest of a Church takes a legal character. So, the suit for declaration of his right to said office is maintainable. But here the said right of Father Joseph Pani as claimed is not sought to be established by Father Joseph Pani himself but by one Ananta Satru Sailya claiming himself to be President of the Catholic Christians of Chandiput Parish joined by Benjamin Naik who asserts to be the Member of Chandiput Parish. As already stated in support of status of these two persons, there is no such satisfactory oral or documentary evidence on record. So, what is asserted as the legal characters of the Plaintiffs, the Defendants are denying and it is not understood within the framework of the suit. Neither of these two named persons claim their entitlement to any such legal character or to any right of office of the Page 5 of 6 {{ 6 }} priesthood of Chandiput Parish. The suit cannot also said to be a representative suit as has been rightly held by the First Appellate Court after detail discussion. The Plaintiffs as per their own pleadings themselves have no community of interest when they state that the right to office to be resting with Father Joseph Pani whose individual right as such was affected by the publication under Ext.1. In view of all these, such a suit, in my considered view, being not maintainable in the eye of law has been rightly so held by the Courts below. Therefore, the submission of the learned counsel for the Appellants is not accepted and it is held that the Appeal does not merit admission to answer any substantial question of law. 9.
Decision
In the result, the Appeal stands dismissed. No order as to cost. (D. Dash), Judge. Himansu Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 03-Jan-2024 12:48:23 Page 6 of 6