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METHODIST CHURCH IN INDIA AND ANOTHER versus METHODIST EPISCOPIL CHURCH AND OTHERS

High Court of Judicature at Allahabad

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Methodist Church In India And Another v. Methodist Episcopil Church And Others - WRIT - C No. 27508 of 2006 [2006] RD-AH 10000 (22 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Ashish Mishra, for the petitioners.

It is contended on behalf of the petitioners that the followers of Methodist Episcopil Church are actually never denied their right by the defendants-petitioners to perform their prayer in the Church and to bury the dead-bodies in the cemetery.  The defendants-petitioners never object to the followers of the sect to do their prayer in the manner they want to perform and that is why there was no occasion to bring the suit.

Shri Shashi Nandan further contends that by the impugned order the trial court as well as the appellate court have directed the petitioner No. 2, who happens to be the Priest of the Church, duly appointed by the Bishop, to perform and lead the prayer for a limited period and to desist from leading the prayer to the other sect, which has been directed by the impugned orders. The petitioner No.2 is the only Priest appointed for this Church and he a has right to lead the prayer performed at the Church whether by one sect or the other sect. Such Priest cannot be restrained from leading the prayer in the Church at any point of time the people assemble there with that purpose.

Issue notices to the respondents returnable within six weeks.

List thereafter on the date fixed in the notices.

Meanwhile, the petitioner No.2, who is the Priest of the Church, shall be at liberty to lead the prayer of the Church whenever it is being performed by one or the other sect according to the times allotted by the appellate court.

22.05.2006

SUA/27508-06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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