Objectors objecting to the filing of a suit in a representative capacity should be impleaded as party-defendants, as per the provisions of Order 1 Rule 8 CPC.

1. The Civil Revision Petition is filed challenging the order dated 25.4.2013 made in I.A.No.144 of 2012 in O.S.No.96 of 2012 on the file of the Second Additional District Munsif Court, Bhavani, in allowing the application filed by the respondents herein under Order 1 Rule 8(2) CPC, seeking permission to proceed with the suit in a representative capacity on behalf of themselves, other members of the family and the general public of the village.

2. The petitioners herein are the defendants in the said suit. The said suit was filed for mandatory injunction and permanent injunction. The respondents herein filed the said suit in a representative capacity. As per the procedure contemplated under Order 1 Rule 8 CPC, public notice had been issued. 119 objectors have appeared before the Court below on 16.4.2012 and filed their objections. However, out of those 119 objectors, a third party affidavit was filed by four persons stating that their signatures have been obtained stating wrong reasons and they do not have any objection against the plaintiffs suing in a representative capacity on behalf of them also. Another third party affidavit was filed by 11 persons stating that the plaintiffs can sue in a representative capacity with regard to the suit property on behalf of them also. Thus, out of 119, 15 persons have submitted before the Court that they do not have objections against the plaintiffs to sue in a representative capacity on behalf of them also. Thus, it is evident that the remaining 104 objectors are still having objections against the plaintiffs in filing the suit in a representative capacity.

3. The Court below allowed the application filed by the plaintiffs by observing that the objectors have not filed any petition to implead themselves as party-defendants in the suit, and therefore, they are at liberty to implead themselves as defendants.

4. Mr. N. Manokaran, learned counsel appearing for the petitioners submitted that once objections are filed in pursuant to the public notice issued under Order 1 Rule 8 CPC, the proper procedure is to implead the objectors as party-defendants in the said suit and without impleading them, the Court below is not justified in allowing the plaintiffs to conduct the suit in a representative capacity. In support of his submissions, learned counsel for the petitioners relied on a decision of this Court reported in 2011 (2) MWN (Civil) 254 (Karuppa Gounder Vs. Appavoo).

5. Per contra, Mr. K.S. Jeyaganeshan, learned counsel appearing for the respondents submitted that when the procedure contemplated under Order 1 Rule 8 CPC had been properly complied with by issuing public notice, the plaintiffs are entitled to continue the suit in a representative capacity without impleading the objectors as party-defendants. If at all they want to come on record, it is for them to file impleding petition in the suit. In support of his submissions, learned counsel for the respondents relied on a decision of this Court reported in 2013 (4) CTC 205 (Royal Villa Residents' Association Vs. The Project Management Committee).

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. The point for consideration in this Civil Revision Petition is as to whether the objectors who have appeared before the Court in pursuant to the public notice issued under Order 1 Rule 8 CPC objecting to the filing of the suit by the plaintiffs in a representative capacity, have to be impleaded as party-defendants or not and as to whether the plaintiffs can be permitted to continue the suit in a representative capacity without impleading those objectors as party-defendants.

8. Order 1 Rule 8 CPC deals with the procedure in respect of the suit to be filed in a representative capacity. Under the said provision of law, it is contemplated that where there are numerous persons having the same interest in one suit, one or more of such persons may, with the permission of the Court, sue or b