LexMOST REV. P.M.A. METROPOLITAN AND ORS. versus MORAN MAR MARTHOMA AND ANR.
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A MOST REV. P.M.A. METROPOLITAN AND ORS. v. MORAN MAR MARTHOMA AND ANR. JUNE 20, 1995 B [R.M. SAHAI, B.P. JEEVAN REDDY AND S.C. SEN, JJ.] Ecclesiastical and Canonical Law-Dispute between the Catholicos group and the Patriarch group in the Malankara Sy1ian Christian com- munity-Constitution recognising spiritual but not temporal supremacy of the C Patriarch of Antioch over the Ma/ankara Church-Excommunication of Catholicos of the East by the Pabiarch-Wliether valid-Held, per curiam, the excon1munication was invalid. Ecclesiastical and Canonica/ Law-Dispute between the Catho/icos group and the Pafliarch group in the Ma/ankara Sy1ian Christian com- D munity-Revival of Catho/icate of the East in 1912 with temporal powers over Malankara Church-Wlzether Patriarch's power over the Malankara Church reduced to a vanishing point-Held, per curia111, the Patriarch continues as supreme head of the Sy1ian 01thodox Church of which the Malankara Church is a division; he is spi1itually supe1ior to the Catholicos although he has no E temporal power over the Malankara Church or its properties. F Code of Civil Procedure, 1908, s.9-Ecclesiastica/ Law-Constitution of the Malankara Christian Association of 1934 -Whether Malankara Church is episcopal in nature-Held, per curiam, it is episcopal to the extent declared in the 1934 Constitution the validity of which cannot be questioned now. Code of Civil Procedure, 1908, s.9 r/w 0.1 Rule 3-Ecclesiastical Law-Wlzether p01ish churches are congregational-Held, per majority, c011- not be decided without impleading parish churches; per cwiam, all churches G except those of Evangelistic Association, Simhasana or St. Mary are under spiritual and temporal control of the Ma/ankara Association in accordance with the 1934 Constitution-Words and Phrase;-'Episcopal', 'Congregational'. Code of Civil Procedure, 1908, S.9-Ecc/esiastica/ and Canonica/ H Law-Dispute between the Catho/icos group and the Pamarch group in the 542 -,.. ' P.M.A. METROPOLITAN v. M.M. MARTIIOMA 543 Mala11kara Sy1ia11 Cluistian community-Patriarch group questioning the A creation of the Catholicos of the East and the 1934 Constitution adopted by the Catholicos group-Held, after issuing a Kalpana in 1958 accepting the Catholicos and consecrating him in 1964 the Patliarch group deemed to have abandoned all objectiom~Evidence Act, 1872 s.114- Code of Civil Procedure, 1908, s.<)---Whether suit for declaration that Malankara Church is episcopal is of a civil naatre and is maintainable-Held, per Sahai, 1., yes; civil cozats have jurisdiction to entertain suits for violation of fundamental 1ights-Constiattion of India, A1ticles 25, 26. B Places of W01ship (Special Provisions) Act, 1991-Whether bws a suit C for declaration that Malankara Church is episcopal-Held, per Sahai, I., No. Code of Civil Procedure, 1908, s. Jl-Res Judicata-Royal Cowt of Travancore and Supreme Cowt upholding validity of the Constitution and creation of Catholicos-Held, operates as res judicata between pa11ies and binds the patriarch group. D Code of Civil Procedure, 1908, S.11, Jl4-Kerala High Cowt accepting Hudaya canon produced by Patriarch group in the Vattipanam suit-Review petition of Catholicos group enteJtained on condition that finding regarding Patliarch 's power of exconununication under the canon will not be ques- tionelf-High Cowt allowing review petition and invalidating excommunica- tion of Malankara Metropolitan-Whether the acceptance of the canon still operates as res judicata against the Catholicos group and negatives their claim to validity of the 1934 Constitution-Held, per Sahai, !. No; with the review being allowed, the decision on binding effect of canon does not operate as res judicata between the pwties-Canonical law-Evidence Act, 1872-Ss.42, 43. St. Thomas, one of the disciples of Jesus Christ came to India in 52 A.D. to spread his message. The first ecumenical council was convened in E F 325 A.D. at Nicea by the Roman emperor Constantine. Prelates from all parts and representatives of all dioceses in the Christian world attended G the synod. The ecclesiastical jurisdiction of the Christiandom was settled under four ecclesiastical heads and four Patriarchs were appointed over four Sees - Rome, Constantinople, Alexandria and Antioch. India was placed under the Patriarch of Antioch. The great Metropolitan of the East was proclaimed as the Catholicos of the East. H 544 SUPR
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