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1957 Supreme(Ker) 125

SANKARAN
Narayanan Nambudiri – Appellant
Versus
Kurichithanam Educational Society – Respondent


Judgment :-

1. The first defendant in O. S.18B/56 on the file of the Subordinate Judge's Court, Meenachil has filed this revision petition challenging the validity of the order passed by that court permitting the plaintiff to continue the suit as a representative suit under Order I, R.8 of the Code of Civil Procedure. Such a sanction was applied for sometime after the presentation of the plaint. One of the objections raised to the grant of the permission sought for by the plaintiff is that the permission should have been obtained in the first instance and the suit should have been instituted only after obtaining such permission or sanction. There is not much force in this objection. The sanction contemplated by Order I, R.8 could be given even after the presentation of the plaint. There is provision in R.8 itself for giving notice of such sanction to all persons interested in the suit in such a manner as may be directed by the court. The suit will be deemed to be representative suit under Order I, R.8, brought forward with the permission of the court, only after the issue of such notice.

2. For the issue of sanction under Order I, R.8 two conditions have to be satisfied, viz., there


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