The court below has rightly found that the cessation of right of the person who become a priest is a mixed question of law and fact. Whether the priest has taken a perpetual vow abandoning his proprietary rights can be deciphered only in evidence. Whether there has been a civil death or a social death on a person becoming a priest can be considered only after the trial of the suit. It will be premature to nip the suit in the bud before even before the parties lead evidence on that issue.
2. The order of the court below holding that O.S. No.
472/2011 is maintainable calls for no interference. The extent and content of the right of the plaintiff on his becoming a priest will be one of the issues in the suit. That issue will be answered along with the other issues in the suit. I do not want to interdict the proceedings invoking the supervisory jurisdiction therefore.
The Original Petition is dismissed subject to the above clarification.
ncd V. CHITAMBARESH JUDGE