JUDGMENT

V.G. Oak, C.J. - The following two questions of law have been referred to this Full Bench: -

1. Whether an application under Article 226 of the Constitution is a proceeding in a court of civil jurisdiction and as such the provision of Or. 1, R. I of the Code of Civil Procedure would be applicable to such a proceeding?

2. If the answer to the first question is in the affirmative, then whether persons more than one can join together in a petition under Article 226 of the Constitution in the circumstances in which persons more than one can join together as plaintiffs in a suit in accordance with the provisions of Or. I, R. I of the Code of Civil Procedure?

The dispute between the parties relates to a number of plots, which were owned by Smt. Laksha Kumari Khaitan, opposite party No. I in the writ petition, which has given rise to the present reference. On 5-6-1961 these plots were sold in auction in order to realise certain dues that were out-standing against opposite-party No. 1. The auction sale was confirmed on 8-5-1962. On 26-3-1963 opposite party No. I moved before the Commissioner, Lucknow an application for setting aside the auction sale dated 5-6-1961. On 21-4-1964 the C