Missionary Congregation of the Blessed Sacrament (MCBS) Karukunnu, Karumaloor Village v. Shaji and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A. BADHARUDEEN
- Judgment Date
- 2022-03-25
- Court Decision / Holding
- The Original Petition is allowed; the order impugned in the petition is modified. The court below is directed to summon and examine witnesses Nos. 3 to 6, in addition to the witnesses already permitted, thereby broadening the scope of admissible testimony while keeping the proceedings within judicial discretion.
- Final Disposition
- Original Petition allowed; order modified to permit examination of witnesses Nos. 3–6 in addition to those previously permitted.
Parties to the Case
Appellants / Petitioners
- Missionary Congregation of the Blessed Sacrament (MCBS) Karukunnu, Karumaloor Village, Paravoor Taluk, Ernakulam District
Respondents
- Shaji, S/o Thomas
- Joy, S/o Thomas
- Johny, S/o Ouseph
- Davis, S/o Augusty
- Varghese, S/o Thomas
- Tony, S/o Varghese
- Joseph, S/o Antony
- Paulose, S/o Thomas
- Biju, S/o Pappachan
- Aneesh, S/o Devassy
- Pauloose, S/o Chummar
- Zachariah @ Achankunju
- Benny, S/o Joseph
- Varghese, S/o Varghese
- Devas·sykutty, S/o Varghese
- Kunjumon, S/o Joseph
- Jose, S/o Joseph
- Sabu, S/o Chummar
- Nixon, S/o Thomas
- Joseph S/o Devassy
- Arch-Bishop, Ernakulam-Angamaly Arch-Diocese
- Vicar General (Proto Syncellus), Arch-Diocese
- Procurator, Arch-Diocese
- St.Joseph’s Church, Karukunnu
- St.Joseph’s Church, Karukunnu (Nadathukaiar), Parur
- St.Mary’s Church, Alangad, Karumaloor
- St Mary’s Church, Alangad (Nadathu kai karan)
Legal Representation & Advocates
Counsels for Petitioners
- • V.N. Sankarjee
- • V.N. Madhusudanan
- • R. Udaya Jyothi
- • M.M. Vinod
- • M. Suseela
- • Keerthi B.
- • Chandran Vijayan Pillai
- • P.K. Purushothaman Nair
- • Nitheesh M.
Counsels for Respondents
- • Carolin Sindhu Vaz
- • G. Baiju
- • John Joseph
- • Vettikad C.
- • C. Joseph
- • Johny
Case Synopsis & Summary
This is an Original Petition (OP(C) No. 10 of 2022) under Article 227 of the Constitution of India before the Kerala High Court, arising from an order passed on 8 December 2021 in I.A. No. 15/2021 in O.S. No. 98/2017 before the Munsiff’s Court, North Paravoor. The petitioner, Missionary Congregation of the Blessed Sacrament (MCBS), seeks to set aside or modify the trial court’s handling of witness examination in the related suit. The core dispute concerns the scope of permissible examination of witnesses; the Munsiff’s order had allowed examination of some witnesses while excluding others (witnesses 3, 4, 5, 6, 10, 11, 14, 15, 16 and 18 were initially excluded). The petitioner argues that witness No. 3—the Auxiliary Bishop of the Ernakulam-Angamali Diocese—should be examined because he authored a vital document central to the case, and his status is not the same as a defendant. The respondents oppose summoning witness No. 3, conceding only 4–6 for examination. The court deliberates the propriety of summoning a party as a witness, noting the well-established limit that a party cannot compel the opposite party to testify, but emphasizes the court’s power to regulate proceedings and to summon and examine a party as a witness where justified. Relying on relevant precedents and the factual posture, the judge ultimately holds that there is no valid basis to deny examination of witness Nos. 3–6, and accordingly modifies the impugned order. The petition is allowed to this extent, directing the Munsiff’s Court to summon and examine witnesses 3–6 in addition to those already permitted. The ruling signifies a controlled expansion of witness examination to secure the vital documentary evidence, while reaffirming the court’s procedural authority.
Provisions of Law Cited
Legal Doctrines & Maxims
- No right vested in a party to summon the opposite party as a witness.
- Courts have power to regulate proceedings and summoning/examining a party as a witness.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the Munsiff’s order restricting the examination of witnesses was too narrow and unjustifiably excluded certain key witnesses, particularly witness No. 3 (the Auxiliary Bishop) who authored a vital document. The petitioner argues that though witness No. 3 is not a formal defendant, his testimony is essential to prove the document and the facts in dispute. The petitioner asserts that the court has implied powers to regulate proceedings and permit the examination of a party as a witness when necessary for the just disposal of the suit, and that a rigid interpretation would undermine the presentation of critical evidence. The petitioner therefore seeks modification of the order to permit examination of witnesses Nos. 3–6 in addition to those already permitted. The aim is to secure a complete evidentiary record while recognizing the court’s discretion to manage proceedings.
Contentions of Respondents
The respondents contend that there is no right for a party to compel the opposite party to testify and that witness No. 3’s examination should not be allowed simply on that basis. They rely on prior decisions to argue that the plaintiff cannot compel the defendant to be examined as a witness, and that the court can regulate the conduct of examinations only within the limits of law. They accept examination of witnesses Nos. 4–6 but oppose extending it to No. 3, arguing that 3’s status and role do not justify treating him as a witness for examination in the suit. They emphasize the need for orderly procedure and adherence to the established limits of witness examination to avoid undermining parties’ rights and the integrity of the pleadings.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Narayana Pillai v. Kalliyani Amma | 1963 KHC 143 : 1963 KLT 537 | Mentioned Only | Cited to support the proposition that no right vests in a party to summon the opposite party as a witness; used as background to the general principle, not as controlling authority for the specific modification in this case. |
| Kalliyara Estates Pvt. Ltd., Padinjaremuri v. State of Kerala & Ors. | 2012 (3) KHC 386 : 2012 (3) KLT SN 114 : 2012 (3) KLJ 552 | Mentioned Only | Cited to illustrate the broader legal position on the court’s power to regulate proceedings and to summon/examine a party as a witness, but not to dictate the outcome in this particular matter. |
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