1. The petitioner is first defendant in O.S.No.28 of 2007 on the file of the District Judge, Nilgiris at Udhagamandalam. The suit has been filed for Declaration, consequential Permanent Injunction and also for Mandatory Injunction. The first and second respondents filed the suit in representative capacity and they also filed application under Order 1 Rule 8 CPC to permit them to sue in a representative capacity. The said petition was resisted by the respondents by filing their counter. The court ordered publication in the Tamil daily and in pursuance of the same a publication was made in the news paper dated 23.08.2007 which is a Tamil daily.

2. The learned District Judge allowed the application by observing that a careful perusal of the averments in the plaint would show that the claim of the petitioner is bona fide and as representatives the plaintiffs have raised a proper claim.

3. It is the main stay of Mrs.R. Gouri, learned counsel for the petitioner that the plaintiffs do not represent any organised or registered organisation and their claim is imaginary and they have filed the suit in representative capacity for their convenience with ulterior motive and that notice