LAWS(KAR)-2014-4-203

DESHADAPETE VEERASHYVA SANGHA Vs. B.S. CHANDRASHEKAR

Decided On April 03, 2014
Deshadapete Veerashyva Sangha Appellant
V/S
B.S. Chandrashekar Respondents

JUDGEMENT

(1.) The application filed by the petitioners who are defendants in OS No.397/2012 for rejecting the plaint came to be rejected by the impugned order.

(2.) Records reveal that, suit came to be filed by respondent Nos.1 and 2 herein for declaration that the suit property is a graveyard of Veerashyva Community and for consequential relief of injunction.

(3.) According to the defendants, suit property belongs to the society. The application came to be filed by defendant Nos.1 and 2 for rejecting the plaint on the ground that the suit is not maintainable; suit came to be filed without taking permission under Section 92 of Civil Procedure Code; the Court below is not justified in granting permission to the plaintiffs to file the suit in a representative capacity by allowing the application filed by the plaintiffs under Order 1 Rule 8 of Civil Procedure Code; the said application filed by the defendants came to be rejected by an impugned order.