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2004 Supreme(Gau) 236

TINLIANTHANG VAIPHEI
Nakuleswar Paul – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: D.K. Biswas and S. Lodh, Advs.
For Respondents/Defendant: N. Majumder, A.K. Bhowmik and S. Deb, Advs.

ORDER

T. Vaiphei, J.

1. This civil revision under Section 115 of the Code of Civil Procedure is directed against the order dated 10.12.2003 passed by the Ld. Civil Judge, Junior Division, Court No. 1, Agartala in T.S. No. 93 of 2003. By the impugned order, the application filed by the plaintiff-petitioner for permission to file the suit in a representative capacity under Order 1, Rule 8 of the Code was rejected.

2. It is the case of the petitioner that Title Suit No. 93 of 2003 was filed by him challenging the placement of the officers in the grade of Senior Forest Rangers. He also filed a separate application under Order 1, Rule 8 of the Code for permission to sue in a representative capacity for and on behalf of others who have the same interest in the suit. By the impugned order, the Ld. Civil Judge rejected the application on the following grounds : -

(1) no separate application was filed by the petitioner;

(2) the officials who were sought to be represented by the petitioner did not have the same interest of the petitioner in the suit;

(3) the body of persons sought to be represented is not sufficiently definite to be recognised as participants in the suit;

(4) the number of officers



































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