1977 Supreme(MP) 454

IN THE HIGH COURT OF MADHYA PRADESH
J.S. Verma, J.
Ramsingh – Appellant
Versus
Baijnath – Respondent
S.A. No. 257 of 1971 (J)
Decided On : 07-05-1977

Headnote:Civil Procedure Code, 1908 - O. 1, R. 8 - permission of the Court to sue in representative capacity - need not be express - it can be gathered from the facts of the case.

       Short Note

       1. The suit was brought in a representative capacity on behalf of the villagers, on the ground that the entry made in the Revenue record in 1962 in defendant's favour had cast a cloud over the rights of the plaintiff and other villagers to graze their cattle in suit land. The trial Court decreed the suit and that decree had been upheld by the first appellate Court.

       Held : The plaintiff while filing the suit expressly applied for grant of leave under Order 1, rule 8 CPC to pursue the suit also on behalf of the other villagers. The Court then directed the issue of a proclamation to be published in the village. After such proclamation was made and no one appeared in response thereto, the trial Court proceeded with the suit treating it as a suit filed in representative capacity This fact is obvious also from the trial Court's order dated 30 - 9 - 1967 passed on a preliminary issue deciding the question of jurisdiction wherein it was expressly stated in para 2 thereof that the suit was brought by the plaintiff in representative capacity on behalf of himself and all other villagers. It is difficult to appreciate how, in face of these facts, the grant of permission by the trial Court under Order 1, rule 8 CPC can be doubted. Manrakhan v. Amirkhan, 1958 JLJ 249, distinguished. Appeal dismissed.