Mohan M. Shantana Goudar, J.

1. The application filed by the petitioners who are defendants in O.S. No. 397 of 2012 for rejecting the plaint came to be rejected by the impugned order. Records reveal that, suit came to be filed by respondents 1 and 2 herein for declaration that the suit property is a graveyard of Veerashyva Community and for consequential relief of injunction.

2. According to the defendants, suit property belongs to the society. The application came to be filed by defendants 1 and 2 for rejecting the plaint on the ground that the suit is not maintainable; suit came to be filed without taking permission under Section 92 of Civil Procedure Code, 1908; the Court below is not justified in granting permission to the plaintiffs to file the suit in a representative capacity by allowing the application filed by the plaintiffs under Order 1, Rule 8 or Civil Procedure Code; the said application filed by the defendants came to be rejected by an impugned order.

3. While rejecting the application for rejection of the plaint, the Court below has prima facie concluded that, the suit property belongs to the society. However, it is the case of the plaintiffs that, though property