ORDER

Leave granted.

Head learned counsel on both sides.

2. This appeal by special leave arises from the judgment and order dated July 16, 1991 made in C.R. No. 476/88 of the Madhya Pradesh High Court, Jabalpur Bench. The Division Bench held that the objection to the maintainability of representative suit without leave of the Court under Order 1 Rule 8 of the Code of Civil Procedure, 1908 (Code) is sustainable. The decree of the Court is a nullity and non est. Therefore, Explanation VI to Section 11 is not attracted to the facts in this case. Accordingly, the execution is not maintainable. Calling in question the finding and decision of the High Court, this appeal by special leave has been filed.

3. The facts are fairly not in dispute. The appellant laid Civil Suit No. 1A/87 in the court of District Judge, Panna in Madhya Pradesh for eviction of Rashtriya Swayam Sewak Sangh through its Manager, Shri Gorelal Soni, its President, Shri Shiv Behari Srivastava, Advocate and the Head Master of Saraswati Shishu Mandir, Panna by name Ram Kripal Chaubey, as a member of the Sangh. The claim was based on the title and for eviction of the Sangh and its office bearers on the premise that it had no