ORDER
S. Sardar Zackria Hussain, J.
1. The petitioners in I.A. No. 8550 of 2000 on the file of the I Assistant Judge, City Civil Court, Chennai, are the revision petitioners in this Civil Revision Petition.
2. This revision is directed against the order of dismissal dated 11.9.2001 and made in I.A. No. 8550 of 2000 in O.S. No. 2568 of 1998 on the file of the Court of I Assistant Judge, City Civil Court, Chennai, filed for impleading themselves as defendants 3 to 5 in O.S. No. 2568 of 1998.
3. The first respondent filed the suit in O.S. No. 2568 of 1998 on the file of the I Assistant Judge, City Civil Court at Chennai for declaration declaring that the resolution passed by the defendants, namely, respondents 2 and 3, on 28.3.1998 for the proposed amendment of the constitution of the association is not valid and it is against the object of the defendants association/trust and for permanent injunction restraining both the defendants therein from in any way enrolling the persons who are outsiders within the purview of the constitution of the community either through themselves or in any other manner in furtherance to the resolution passed in the meeting dated 29.3.1998.
4. The suit was filed on 20.4.1998 and it was contested by the respondents 2 and 3 by filing written statements challenging the action of the plaintiff/first respondent in respect of which General Body Meeting was held on 29.3.1998 wherein a resolution was passed to admit the members, who were born to a Cutchi Memon father and mother belonging to any other Muslim Community.
5. The revision petitioners, who are in support of the General Body Meeting, filed the petition in I.A. No. 8550 of 2000 on the file of the Court of I Assistant Judge, City Civil Court, Chennai, for impleading themselves as defendants 3 to 5 in O.S. No. 2568 of 1998. The trial Court held that the issue raised in the suit is to be decided only between the plaintiff and the defendants and accordingly, dismissed the petition. Challenging the said order, the present revision petition has been filed.
6. Heard the learned counsel for the revision petitioners and the learned counsel for the respondents 2 and 3.
7. Learned counsel for the revision petitioners submitted that the Cutchi Memon Endowment was created through the Will of Haji Essa Abba Sait and the donor has not restricted to Cutchi Memon community alone but also Mohammedan community generally. He is also submitted that the donor has not neglected to consider the children born out of the Cutchi Memon father and non-Cutchi Memon Muslim mother as member of the Jamath and, therefore, the petitioners are necessary parties to the suit, which is now pending trial.
8. Learned counsel for the respondents 2 and 3 submitted that all Cutchi Memons are not Cutchi Memons and he relied on an unreported judgment of this Court passed in S.A. Nos. 1633 of 1966 and 1168 of 1971 wherein it has been held that all Cutchi Memons are not governed by Mohammedan Law or it cannot be said that all Muslim women marrying Cutchi Memons automatically become Cutchi Memons.
9. It is claimed that a resolution was passed by the respondents 2 and 3 on 29.3.1998 regarding enrolment of outsiders, namely, those who are born to Cutchi Memon father and mother belonging to any other Muslim community, as members in the Jamath of the Cutchi Memons. It is also seen that the suit has been filed by the plaintiff/first respondent challenging the said resolution and the same is to be decided in the trial of the suit. It is clear that if, ultimately, the suit is dismissed holding that the resolution passed on 29.3.1998 is valid, then those who are born to a Cutchi Memon father and Non-Cutchi Memon Muslim mother can become a member of Cutchi Memon Jamath Committee. In that view, since the issue is to be decided in the trial of the suit, which is now pending trial, it cannot be said that the revision petitioners are not necessary parties to the same. Therefore, the order of the trial Court being erroneous, is to be set aside.
10. In the result, Civil Revision Petition is allowed. No costs. The order dated 11.9.2001 passed in I.A. No. 8550 of 2000 in O.S. No. 2568 of 1998 on the file of the Court of I Assistant Judge, City Civil Court, Chennai, is set aside. Consequently, C.M.P. No. 21516 of 2001 is closed.