C.R..P.(PD)(MD).No.1248 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1248 of 2025 The Congregation of the Immaculate Conception, K.Pudur, Madurai, Represented through its Leonard Convent Superior, Sr.Irudhaya Mary Saroja, D/o.Arulanandam, Office at CIC Generalate 20, Old Kosavapalayam, Madurai – 625 009. ... Petitioner/Petitioner Vs. The Branch Manager, Indian Bank, Arulanandar Building, Alagar Kovil Main Road, K.Pudur, Madurai – 625 007 ... Respondent/Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 01.04.2025 passed in O.P.Sr.No. 390 of 2025 (ATN20220011797C202500002) on the file of the Principal Subordinate Judge, Madurai by allowing this Civil Revision Petition. 1/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1248 of 2025 For Petitioner : Mr.V.Meenakshi Sundaram For Respondent : Mr.C.Karthik Standing Counsel O R D E R The petitioner in S.O.P.SR.No.390 of 2025 on the file of the Principal Sub Court, Madurai, has filed the present Civil Revision Petition challenging the order of return passed by the trial Court questioning the maintainability of the Succession O.P filed by the revision petitioner herein. 2. A perusal of the averments in the Succession O.P reveals that one Sr. S.Leema Rose, who belonged to the plaintiff congregation became a nun in the year 1964. She was working as a teacher and attained superannuation. She was maintaining her bank account in the respondent bank, in which, the salary as well as the pension amount were remitted by the Government. She had passed away on 10.05.2024. Claiming succession to the said amount lying to the bank account, the revision petitioner has filed the Succession O.P. 2/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1248 of 2025 3. The trial Court has returned the same on the ground that since Sr.S.Lima Rose was a nun, she had renounced her natural family and became a member of the Congregation and therefore the petitioner would not have any right to file Succession O.P. Challenging the return order, the present Civil Revision Petition has been filed. 4. The learned counsel appearing for the revision petitioner has relied upon the judgment of this Court reported in 2019 (4) L.W.881 (Sruti Seva Trust Vs. The State Bank of India) which also arises out of a return order passed in Succession O.P raising a similar objection with regard to a Hindu saint. The relevant portion of the order namely Paragraph Nos.7 to 10 are extracted as follows: “7.It is clear from the above judgments that the moment a person becomes an ascetic and renounces the world, it will be treated as a civil death. Thereafter, he severs his connection with the members of his natural family and his disciples and other devotees become a part of the spiritual family. 8.In the present case, Swami Baswarananda Saraswathi was receiving offerings/donations as the head of the Trust. These offerings which were made 3/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1248 of 2025 in his name, was deposited in the Bank Account. Since Swami Baswarananda Saraswathi is an ascetic and has renounced the world, Law looks at it as a civil death. Therefore, there is no difficulty in transferring the entire amount that lies in his name in the Bank to the Trust. At least, this amount will be useful for the Trust to carry on with its objectives. 9.In the considered view of this Court, the Court below ought not to have taken such a hyper- technical stand by denying the Trust from utilizing the amount, to run the Trust. If such permission is not granted, the money will lie waste in the Bank and it will be of no use to any one. 10.In view of the above, the order passed by the Court below dated 30.10.2010 is hereby set aside. The matter is remanded back to the Court below and the Court below shall number the Succession O.P and shall grant Succession Certificate in favour of the Petitioner/Trust. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The Civil Revision Petition is allowed accordingly.” 4/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1248 of 2025 5. In view of the judgment of our High Court, the learned Principal Subordinate Judge, Madurai is directed to number the Succession O.P, if it is other wise in order and proceed to pass orders on merits and in accordance with law. 6. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. 21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi Note: The Registry is directed to return the original impugned order after getting necessary acknowledgment from the learned counsel appearing for the revision petitioner. To 1. The Principal Sub Court, Madurai. 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1248 of 2025 R.VIJAYAKUMAR,J. ebsi C.R.P(PD)(MD)No.1248 of 2025 21.04.2025 6/6 https://www.mhc.tn.gov.in/judis