ORDER :

Haripal, J.

Is an appeal preferred against a decree passed in a representative suit incompetent, without making a further publication under sub-rule (2) of Rule 8 of Order I of the Code of Civil Procedure, hereinafter referred to as 'the CPC', is the precise question posed for consideration. This question came for our consideration by way of a reference made initially by a learned Single Judge.

2. Defendants 1 and 2 in O.S.No.357/1999 of the Munsiff's Court, Payyannur are the appellants in R.S.A.No.275/2012 and defendants 3 and 4 are the appellants in R.S.A. No.96/2015. They were impleaded in the suit in representative capacity representing the entire members of 'Maniyani' and 'Navudiya' communities of Karivellur village, respectively. The said suit was instituted alleging that the defendants are trying to construct a crematorium in the plaint schedule property. The learned Munsiff dismissed the suit along with O.S.No.332/1999, a suit for injunction, where also some of the defendants were impleaded in their representative capacity, by a common judgment dated 30.06.2013, against which A.S.Nos.98/2003 and 99/2003 were preferred before the Sub Court, Payyannur. Learned Sub Judge,