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2012 Supreme(Ker) 730

THOMAS P.JOSEPH
James – Appellant
Versus
Mathew – Respondent


Advocates appeared:
For the Petitioners:P.G. Parameswara Panicker (Sr.), P. Gopal, Shaji Thomas, N. Nagaresh, Binu Paul, T.V. Vinu, Advocates.
For the Respondents:R1, Rajeev V. Kurup, R3, T.C. Suresh Menon, P.S. Appu, A.R. Nimod, K.A. Anas, Advocates.

JUDGMENT

1. In these civil revisions the one important question raised for a decision is whether a decree for prohibitory injunction obtained against the defendants who were sued in a representative capacity is enforceable under Order XXI Rule 32 of the Code of Civil Procedure (for short 'the Code') against persons for who are not eo nomine parties to the suit but for whose benefit also the suit was defended ? Another question raised is as to the sufficiency of evidence let in by the first respondent/decree holder against the persons who are alleged to have wilfully disobeyed the decree so as to proceed against them.

2. The first respondent -decree holder filed O.S. No. 188 of 1999 in the Munsiff's Court, Erattupetta against the defendants, their associates and the general public of the locality trespassing into the plaint schedule property, committing waste therein or cutting open any new way from the said property. Considering the nature and character of the road referred to in the plaint schedule, the first respondent instituted the suit invoking Rule 8 of Order I of the Code, obtained leave of the court and made the necessary publication The court passed a decree in favour of t


































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