Krishnaswami Nayudu, J.-The common questions that arise for consideration in these matters relate to the executability of a decree obtained in a representative suit instituted under Order 1, rule 8, Civil Procedure Code, against persons, who are not eo nomine parties to the decree and whether a representative action can lie in respect of a claim for damages.

The appellants in L.P.A. No. 69 of 1950 as representatives of the ryots of Kothapatti village instituted O.S. No. 681 of 1925 on the file of the District Munsif’s Court, Periyakulam, against the defendants as representatives of the ryots of Kadirnarasingapuram hamlet of Kothapatti. The suit was dismissed. In appeal A.S. No. 82 of 1927, the Subordinate Judge granted a decree on 19th August, 1929, declaring that the Kothapatti ryots are entitled to irrigate their lands through a particular sluice for two days and issuing a permanent injunction res raining ‘he Kadirnarasingapuram ryots from closing the sluice during the said two days and from otherwise preventing the Kothapatti ryots taking water to their lands from the said sluice. The appellants as plaintiffs in the said suit filed an execution petition, No. 236 of 1946 praying f

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