Madras High Court
CRP/5366/2026 of M.Amalan Vs Bethlehem Lutheran Church on 14 October 2026
CRP No. 5366 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5366 of 2026
and CMP Nos. 23258 & 28632 of 2026
CNR: {HCMA011964792026}
M.Amalan
S/o.Maniyar,
No.12, Lutheran Centre, Puthur Town,
Vaniyambadi TK,
Tirupattur District.
..Petitioner(s)
Vs
1. Bethlehem Lutheran Church
Rep. by its President Ramesh Kumar,
Lutheran Chrusch, govindapuram, Puthur
Town,
Vaniyambadi TK, Tirupattur District
2. Niranjan Prabhu
secretary,
Bethlehem Lutheran Chruch,
govindapuram, Puthur town,
Vaniyambadi TK, Tirupattur District
3. IELC Ambur Synod,
Rep by its President LSD Gladson Premkumar, Ambur Church Council Indian Evangelical Lutheran Church, Ambur Town, Tirupattur District
4. Bethlehem Lutheran Chruch
Govindapuram,
Rep by its Pastor Suresh Paul Ebinaser,
Bethlehem Lutheran Church,
govindapuram, Pudur Town,
Vaniyambadi Tk, Tirupattur District.
..Respondent(s)
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CRP No. 5366 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the Judgment and decree passed by the District Munsif Court, Vaniyambadi, in I.A.No.02 of 2026 in O.S.No.47 of 2026, dated 22.07.2026
and thereby allow the I.A.No.02 of 2026 in O.S.No.47 of 2026, in the interest of justice.
For Petitioner(s):
Mr.S.N.Ravichandran
For Respondent(s):
Mr.P.G.Thiyagu
for R1 and R2
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 22.07.2026 passed in I.A.No.02 of 2026 in O.S.No.47 of 2026 on the file of the District Munsif Court, Vaniyambadi, wherein the application filed by the petitioner to implead himself as a defendant in the suit under Order I Rule 10 of C.P.C., came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the 1st and 2nd respondents and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The 1st and 2nd respondents are the plaintiffs who filed the suit in O.S.No.47 of 2026 seeking for the relief of declaration to declare themselves as
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CRP No. 5366 of 2026
the duly elected President and Secretary, respectively, of the Church and for mandatory injunction directing the defendant to administer the oaths/affirmation to the plaintiffs and to permit them to assume charge.
4. The petitioner, who claims himself as one of the Member of the Church and had participated in the election and is a former Secretary of the Church, filed the application to implead himself as the proposed defendant in the suit on the ground that it is a collusive suit and that the defendant is not even contesting the suit.
5. The Court below has dismissed the said application on the ground that the petitioner is neither a necessary party nor a proper party, as his presence is not required to decide the controversy that has been raised in the plaint. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
6. In the considered view of this Court, the petitioner, along with one Miller, has already filed a suit in O.S.No.84 of 2026, before the District Munsif, Vaniyambadi and sought for a declaration to declare the Election Certificate dated 03.05.2026 issued in favour of Ramesh, Niranjan Prabhu and Godwin Samuel as null and void and for a permanent injunction not to interfere or deal with the suit properties. Thus, the so-called election that took place on
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CRP No. 5366 of 2026
03.05.2020 is already the subject matter of challenge filed by the petitioner and another. Even assuming that the present suit is not contested by the defendant, that does not create a ground for the petitioner to implead himself in the present suit. Either the petitioner should have sought for some interim orders in the suit filed by him in O.S.No.84 of 2026 or should have sought for trying both the suits together. Instead, the petitioner wanted to implead himself as a party in the present suit filed in O.S.No.47 of 2026, which has been rightly dismissed by the Court below on the ground that the petitioner is neither a necessary party nor a proper party to the proceedings. The said order does not suffer from any perversity warranting the interference of this Court.
7. Accordingly, this Civil Miscellaneous Petition stands dismissed. No Costs. Consequently, the connected miscellaneous petitions are closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
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CRP No. 5366 of 2026
To The District Munsif Court, Vaniyambadi.
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CRP No. 5366 of 2026
N.ANAND VENKATESH, J. SSR CRP No. 5366 of 2026 14-10-2026
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