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1 - 3 of 3 (0.20 seconds)Bhagabat Jena And Ors. vs Gobardhan Patnaik And Ors. on 6 May, 1982
In
Bhagabat Jena & others vs. Gobardhan Patnaik & others, 54 (1982)
C.L.T. 30, the suit was instituted for correction of settlement entries
and for declaration of a customary right. No right was claimed
against the State of Orissa. The plaintiffs did not allege that their
customary right was being resisted by the State of Orissa. Neither
party challenged the proprietory right of Government in the suit land.
This Court held that in the absence of the State Government an
effective decree can be passed so as to bind the parties and the suit
will not fail in the absence of the State of Orissa. It was further held
that though the plaintiffs were permitted to sue as representatives of
village Beruan, no notice was served on the inhabitants of that village
and no public advertisement was also made. Consequently, the
villagers of Beruan had no opportunity of knowing whether any such
suit had been instituted and who had been selected to represent them
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in the suit. Thus there was non-compliance of the mandatory
provisions of Order 1 Rule 8 CPC. A representative suit cannot be
said to have been validly instituted unless and until the mandatory
provisions of Order 1 Rule 8 CPC are complied with. It is only when
action is taken under Order 1 Rule 8 CPC that the suit is properly
brought against the defendants.
Purna Chandra Panigrahi vs Baidya Jani And Ors. on 14 May, 1992
In Purna Chandra Panigrahi v. Baidya Jani, reported in
Vol-74 (1992) C.L.T. 309, a Division Bench of this Court held that the
provisions of Order 1, Rule 8 CPC are mandatory in nature. Notice
under Order 1, Rule 8 (2) CPC is an essential pre-condition for trial of
the suit. The notice under the provision must disclose the nature of
the suit as well as reliefs claimed therein in order to enable the
persons interested to get themselves impleaded as parties to the suit
either to support the cause or oppose it. The notice must state about
why the suit has been filed and what is the relief claimed therein, and
it must also state who are the persons selected to represent the
cause. The object for which Order 1, Rule 8, CPC has been enacted is
really to facilitate the decision of question in which a large body of
persons are interested without recourse to ordinary procedure where
each individual has to maintain an action by a separate suit. Where
there is community of interest amongst numerous persons to avoid
expenses, trouble and multiplicity of proceedings, few of them are
allowed to represent the whole.
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