Two Suits – Same Plaintiff – Same Defendant (Organization) but represented by different persons – Same cause of action – Whether suit maintainable?

An interesting case titled as THE MODERATOR, THE CHURCH OF SOUTH INDIA Vs RT.REV.DR.J.A.D.JEBACHANDRAN before the Hon’ble Madras High Court, wherein, the Hon’ble High Court had to decide as to whether a suit is maintainable, when already a suit is filed against the same organization but represented by another person on the same cause of action? The Hon’ble Madras High Court answered in negative and held;

“14. According to me, it would be a clear abuse of process of Court, if the party is permitted to file two separate suits by impleading two different persons of the same organisation to get over the restriction under Order XXIII, Rule 1 (4) of the CPC. Further, when the order of suspension was not issued by the defendant and was issued by the General Secretary, CSI, & Hony.Secretgary CSI TA, the suit filed against the person/authority, who/which has not issued such an order is also not maintainable and on that ground also, the suit is liable to be rejected. Hence, I am unable to accept the contention of the learned Senior Counsel appearing for the defendant, and having regard to bar under Order XXIII, Rule 1 (4) of the CPC, the present suit filed by the respondent/plaintiff in respect of the same subject matter is not maintainable and is liable to be rejected.”