Court of Appeal stays DC order

The Court of Appeal has quashed the order issued by the District Court of Mt Lavinia staying the functioning of the Bishop of the Jaffna Diocese of the Church of South India, Rt. Rev. Dr. Daniel Selvaratnam Thiagarajah.

The petitioner Rt. Rev. Dr. Thiagarajah cited Murugesu Jeevakanthy of Hampden Lane, Colombo 6 as respondent in this case.

In the case filed earlier by Mr. Jeevakanthy in the Mt. Lavinia District Court he cited 8 respondents in his plaint to issue a stay order on Rt. Rev. Dr. Thiagarajah from functioning and carrying out his duties in the Jaffna Diocese. The bishop was brought in as the ninth respondent subsequently in an amended plaint.

President’s Counsel S.A Parathalingam, appearing for the bishop said Mr. Jeevakanthy had not sought the permission of Court to amend the plaint, the Court did not permit him to file an amended plaint, an application was not made to Court to amend the plaint under section 93 of the Civil Procedure Code and no application was made to Court to add Rt. Rev. Dr. Thiagarajah as a respondent in the case filed at the Mt. Lavinia Court.

Counsel for the Bishop said the Court did not make order adding the 9th respondent Rt. Rev. Dr. Thiagarajah as a party to the action and therefore the Court accepting the amended plaint was illegal.

M.A Sumandiram, counsel for the 8th respondent, Rev. S.C Arnold, Moderator’s Commissary, Diocesan Office, Church of South India said the Mt. Lavina Court had no jurisdiction in this matter. He also said that according to the Church constitution decisions could be made at Chennai, India or at Mallakam in Jaffna. He said Mr. Jeevakanthy and those associated with him had filed a petition in the High Court of Madras challenging the appointment of the Bishop by the executive committee, but the High Court had dismissed the application. Mr. Jeevakanthy’s counsel Faisz Mustapha, PC said the inclusion of Rt. Rev. Dr. Thiagarajah as the 9th respondent was not illegal as the summons was not issued to the Bishop. After hearing submissions by counsel, Justices L.K.Wimalachandra and W.L.R.Silva issued an interim order staying the operation of the order made in the District Court of Mt.Lavinia on September 11, until the final determination of the case.
Hearing was put off for February 27, 2007.