• Civil Procedure Code, 1908 (V of 1908) Order  1, Rule  8, Section 91 - Courts duty to give notice of suit to all persons who are interested either by personal service or by reason of number of persons who are purported to represent and if service of notice is not practicable, to issue public advertisements, as the Court may direct - The Court will then take a decision after such a publication or service is effected in the manner contemplated under Order 1 Rule 8 CPC - Even a decision to grant leave under Section 91 CPC, although not an elaborate procedure, the court must be satisfied that the notice is issued to the defendants who may be affected by the decision that the Court takes, before such a decision is taken and call upon them to file their objections, if any, before the decision is taken. (181) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order  1, Rule  8 - Civil suit filed on behalf of the Truck Operator Union an unincorporated body, an unregistered body - Details of the members of the Union was not given nor was permission under Order 1 Rule 8 of the Code of Civil Procedure sought and obtained - Alleged ratification by the President of the Union subsequently in the year 2009 on the basis of a resolution signed by some members of the unregistered Union, the membership of which had shrunk from 825 in the year 2005 to 604 in the year 2009 was also without disclosing the details of the said 604 members - Suit not maintainable. (178) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order  1, Rule  8 - Suit for a declaration that the plaintiffs as also the persons mentioned in the list attached, were owners/co-sharers in possession of a land - Thus, had a right to cut grass, take timber and wood of the trees and graze their cattle in the suit land - A decree for injunction was also claimed - Plaintiffs failed to show that they indeed had any right, title or interest in the suit land - Likewise, no evidence was led to prove that the predecessors-in-interest of the plaintiffs and the persons for whose benefit the suit was filed, were the co-owners in joint possession of the suit land - It was well within the knowledge of the plaintiffs as also their predecessors-in-interest that defendants were shown as owners of the suit property - Thus, plaintiffs ought to have assailed the entries in the record of rights in favour of the defendants and claimed an appropriate declaration within three years from the date the cause of action had accrued to them. (182) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order  1, Rule  8 - Suit which is filed in a representative capacity by the plaintiff on behalf of khewatdars, the court had allowed the application under Order 1 Rule 8 CPC and directed also the publication to be effected - Notice had also been sent to all the persons on whose behalf the persons who had verified the pleadings had sought for representation - No objections had been given from any of the joint khewatdars but the defendant pointed out that the court could not have allowed permission under Order 1 Rule 8 CPC without serving notice of application to all the persons on whose behalf the plaintiffs were seeking for representation - The court rejected the objection taken by the defendant - Order upheld.  (179) P.L.R. 


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