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AMIT RAWAL
Jagsir Singh – Appellant
Versus
Bhushan Kumar – Respondent
Amit Rawal, J.—Appellant/defendants No.5, 6, 8, 10 and 12 are in Regular Second Appeal against the concurrent findings of facts and law, whereby, decree for possession of the suit land described in red colour in the site plan and forming part of the land measuring khasra Nos.2312/0-9, 2313/1-16, 2359/4-5, situated in the area of revenue estate of Moga Mehla Singh, khewat No.6106, khatauni No.7240 as mentioned in the jamabandi for the year 1977-78 and decree of mesne profits of Rs.4,00,000/- along with interest @ 6% per annum from the date of filing of the suit till realization, has been granted.
2. Mr. B.S.Bhalla, learned counsel appearing on behalf of the appellants submits that suit was filed in a representative capacity by invoking the provisions of Order 1 Rule 8 of the Code of Civil Procedure which envisage permission of the Court to pursue the suit, much less, defend the suit for the benefit of all the persons so interested. However, in the instant case, no such permission has been granted. Though independent application was filed and therefore, in the absence of statutory permission, the suit was liable to be dismissed. He further submits that besides this, var
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