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Cancellation of membership from church

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved 
A caretaker of the church removed from employment and his membership cancelled. Cancellation certificate given. The caretaker filed case in civil court asking for permanent injunction on this order of the church. The defendant advocate sought fixing of preliminary issue of jurisdiction of civil court. Charity Commissioner can conduct the case as the church registered under Trust Act. Besides similar case between same party pending in civil court for ejection of the quarter and in labour court for reinstatement where the issue of membership will also be decided and this will have impact on the present case which is more recent.
Raj Kumar Makkad (Expert) 22 October 2011
The objection of defendant is legal and justified. Case can be stayed under section 10 CPC.
prabhakar singh (Expert) 24 October 2011
Section 10CPC WOULD BE ATTRACTED ONLY WHEN TWO CASES ARE GOING ON IN CIVIL COURT ALONE.


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