representatives of an association under Order 16 Rule 9 of the Supreme Court Rules corresponding to Order 1, Rule (8 ... scope of Order 1 Rule 8, came to be considered and the view taken was that Order 1 Rule 8 should not be construed
Section 11 made no reference to Order 1, Rule 8 and, therefore, Order 1, Rule 8 cannot control Explanation 6. He observed at page ... Order 1, Rule 8 of the Civil Procedure Code, so as to render a subsequent suit filed with leave under Order 1, Rule 8
under Order 1, Rule 8 G. P. C. In this connection we have looked at the provisions of Order 1, Rule 8 ... action under Order 1 Rule 8 dropped, out, then the whole suit ceases thereafter to be one under Order 1 Rule 8. Abdul Rahim
applied for permission to sue in a representative capacity under Order 1, Rule 8 of the Code of Civil Procedure , but it seems that though ... plaintiffs were permitted to sue in a representative capacity under Order 1, Rule 8, of the Code of Civil Procedure , is erroneous. I have already
1, Rule 8, C.P.C . and served notice on such members, but no leave was obtained as contemplated under Order 1, Rule 8 ... Court under Order 1, Rule 8, C.P.C . It has also been held that permission under Order 1, Rule 8
Order 1, Rule 8. Mr. Bose's contention is that if a person is entitled to sue under Order 1, Rule 8 ... procedure laid down in Order 1, Rule 8, can vest him with such right. Order 1, Rule 8 says:
Where there are numerous persons having
1, Rule 8, Civil Procedure Code, holding that where the court has ordered publication of the notice of the application under Order 1, Rule 8 ... 1, Rule 8, C.P.C . Only in that context, the Supreme Court observed the similarity between Section 92 and suit under Order 1, Rule
prayer (a) for want of leave of the Court under Order 1 Rule 8 of C.P.C . prior, to institution of the suit ... determination in these two appeals are:-
1. Whether the suit is not maintainable under Order 1, Rule 8 C.P.C . ?
2. Whether the first
imperative that the two conditions provided in Rule 8 of Order 1, should be complied with, namely, (1) the permission of the court should ... manner contemplated by that rule. The object of the notice required by Order 1, Rule 8 is to give an opportunity to the persons interested
others. The rule entitles one party to represent many and
the action is maintainable without joinder of other parties. Order 1 Rule
8 presupposes that ... parties were
1
1933 SCC OnLine PC 33
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having the common interest as contemplated in Order 1 Rule 8 and left
open issues with
