JUDGMENT

[RFA Nos.23/2021, 145/2021]

It is a case wherein a decree was passed based on the concession made by the parties relinquishing some of the reliefs included in the suit and by granting the other reliefs in a representative suit instituted with leave of court under Order I Rule 8 C.P.C.. A decree was passed based on the concession of parties without any evidence either documentary or oral against which the appellant, the aggrieved person, who is not a party to the proceedings came up challenging the decree mainly on the reason that it is a collusive one.

2. In a representative suit instituted with leave of court under Order I Rule 8 C.P.C., it is not permissible to pass a decree based on the concession made by the parties therein, unless there is compliance of mandate under Order I Rule 8(4) C.P.C. There cannot be any decree based on any settlement or concession arrived at by the parties in a representative suit instituted with the leave of court under Order I Rule 8 C.P.C. without a publication as mandated under Order I Rule 8(4) C.P.C. and there cannot be any relinquishment of claim or settlement thereof without such mandate.

Hence, the decree passed cannot be sustained.

Both