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TUSHAR RAO GEDELA
Sh. Anil Kumar Jain – Appellant
Versus
Bhagwan Mahavir Memorial Samiti – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. The appellants challenge the order and judgment dated 15.12.2018 passed in CS No. 58528/2016 whereby the learned Trial Court had dismissed both, the application under Order I Rule 8 of the Code of Civil Procedure, 1908 (hereinafter as "CPC") and the suit of the appellants/plaintiffs simultaneously, by holding that the suit of the plaintiffs in which the respondent no. 1/defendant no. l society has been sued in a representative capacity is filed without seeking permission/leave of the court under Order I Rule 8, CPC and hence, not maintainable.
2. The following facts, shorn of all unnecessary details and germane to decide the dispute are as under:
2.1. The appellants/plaintiffs filed a suit for Declaration, Permanent and Mandatory Injunction, besides being members of respondent no.1/defendant no.l society, in their representative capacity of the Jain community as a whole so as to reinstate public character and to establish a complete democratic setup in the respondent society and to maintain its all India stature on the basis of its only valid, legal constitution i.e. original Memorandum of As
The failure to obtain leave under Order I Rule 8, CPC does not entail dismissal of the suit itself, especially when the appellants were individually affected by the actions of the respondents.
The main legal point established in the judgment is that for impleadment under Order 1 Rule 8(3) of C.P.C., the applicants must have the same interest as that of the defendants in a representative su....
The requirement of explicit judicial permission is essential for representative suits under Order 1, Rule 8 of the Civil Procedure Code to ensure binding effect on absent parties.
Failure to adhere to procedural requirements under Order I Rule 8 of the Civil Procedure Code vitiates judgment, necessitating fresh trial for community representation claims.
The Court found that the applicants had common interest and were entitled to get leave for filing the suit.
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