MEERAN MARAIKAYAR Vs. ABDUL KATHAR

JUDGEMENT

(1.) The revision arises from the order dated 03.07.2018 passed in OS.No.21 of 2018 which is pending on the file of the District Munsif Court at Maduranthakam. The said suit was filed taking advantage of Order 1 Rule 8 of the Code of Civil Procedure [in short "CPC"] in representative capacity. The plaintiffs sought to institute the suit against the defendants allegedly to safeguard the interest of the suit property and seeking allied reliefs in that regard.

(2.) The learned Judge had an obligation to follow the procedure as enunciated under Order 1 Rule 8 of CPC. The procedure is actually quite simple if examined sequentially and logically. Under Order I Rule 8 [2] of CPC, where a permission or direction is given in accordance with sub-rule [1], then the Court should direct notice about the institution of the suit to all the persons interested. It is always probable that the plaintiffs would have impleaded only the defendants as they feel, are interested in the subject matter of the suit. Where there is every possibility of others, rather than the defendants, who may also be directly interested in ensuring and looking into the progress of the suit, they may not have been impleaded as defendants. It is to inform them about the institution of the suit that notice is directed. This notice should be directed by personal service and if that is not possible, by public advertisement. By viewing public advertisement, if any member of the public, is of the opinion that his/her views should be heard by the Court before any orders are passed in the suit, then under Order I Rule 8 [3], he / she may apply to the Court to be made as a party to such suit.

(3.) The suit in OS.No.21 of 2018 had progressed only to that extent. It had progressed to the extent of directing notice and it is seen that an Objector had appeared and in the order now complained by the revision petitioner, the learned Judge had given a direction that the said Objector should be made as a party to the suit and had directed the plaintiffs to take all such necessary application or steps to implead the Objector as a party/defendant to the suit. This particular direction is the borne of contention raised by the learned counsel for the petitioner. He claims that the objector should apply to the Court and such application can be done only after notice had been directed and if notice is not practically possible, then publication has been directed. It is informed that, that stage has not been crossed. The matter will necessarily have to be reverted back to the learned District Munsif, Maduranthakam, to re-examine the provisions under Order I Rule 8 of CPC and follow it scrupulously.