SATTUR YADHAVA COMMUNITY Vs. NAVANEETHAKRISHNAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to set aside the order, dated 30.06.2014, made in I.A. No. 332 of 2014 in O.S. No. 95 of 2009, on the file of Principal District Court, Virudhunagar District at Srivilliputhur.

(2.) THE revision petitioner herein is the plaintiff, whereas the respondent herein is the defendant in the suit in O.S. No. 95 of 2009 on the file of Principal District Court, Virudhunagar District at Srivilliputhur.

(3.) THE petitioner filed I.A. No. 200 of 2009 under Order 1 Rule 8 of C.P.C., for permission to proceed with the suit in a representative capacity as a Member of Yadhava Community on 12.10.2011. The said I.A. No. 200 of 2009 was dismissed as not pressed. The petitioner, meanwhile filed another application in I.A. No. 610 of 2011 in month of September 2011, for permission to file the suit in a representative capacity for the general welfare of Yadhava Community. This application was filed under Section 92 of C.P.C. The learned Principal District Judge, Virudhunagar District at Srivilliputhur, by the order dated 31.07.2012, disposed the said application holding that Section 92 of C.P.C., is not applicable to the facts of the case and only Order 1 Rule 8 of C.P.C. is applicable and permitted the petitioner to suitably amend the said application.