KODIA GOUNDAR Vs. VELANDI GOUNDAR

JUDGEMENT

(1.) The common questions that arise for consideration in these matters relate to the executability of a decree obtained in a representative suit instituted under Order 1, Rule 8, C. P. C. against persons, who are not 'co nomine' parties to the decree and whether a representative action can lie in respect of a claim for damages.

(2.) The appellants In L, P. A. No. 69 of 1960 as representatives of the ryots of Kothapatti village instituted O. S. No. 681 of 1925 on the file of the District Munsifs Court, Periyakulam, against the defendants as representatives of the ryots of Kadirnarasingapuram hamlet of Kothapati. The suit was dismissed. In appeal, A. S. No. 82 of 1927, the Subordinate Judge granted a decree on 19-8-1929, declaring that the Kothapatti ryots are entitled to irrigate their lands through a particular sluice for two days and issuing a permanent injunction restraining the Kadrnara singapuram ryots from closing the sluice during the said two days and from otherwise preventing the Kothapatti ryots taking water to their lands from the said sluice. The appellants as plaintiffs in the said suit filed an execution petition No. 236 of 1948 praying for impleading respondents 4 to 13 as defendants and asking for an order of attachment of their properties and for commit ting them for contempt to civil jail or disobedience of order of injunction. Respondents 4 to 13 contended that the decree could not be executed against them as they were not parties to the suit. The trial court accepting their, contention rejected the execution petition. In appeal the learned Subordinate Judge held that the decree was executable and in second appeal Panchapagesa Sastri J. reversed the decision of the appellate court upholding the contention of the respondents 4 to 13 that the decree was not executable against them. The learned Judge however granted leave to appeal.

(3.) In C. R. P. No. 417 of 1948 the petitioners who are the plaintiffs in O. S. No. 81 of 1935 on the file of the District Munsifs Court, Vridhadhalam, obtained a decree on 4-8-1936 in a representative capacity on behalf of the villagers of Theevalur against the adi-Drayidas of Theeyallur cheri and had their rights to fishery and grass produce in the village tank declared and obtained also an order of injunction restraining the adidravidas of Theevalur cheri from interfering with the right of the plaintiffs to fishery and long grass produce in the suit tank. On the ground of alleged violation of the terms of the decree they filed M. P. No. 178 of 1946 under Order 39, Rule 2 against the respondents for punishing them by committing them to Jail for disobedience of the order of permanent injunction. Here again, the respondents contended that as they were not parties to the suit in which the decree was obtained they were not liable to be proceeded against for any disobedience of the decree which contention was accepted by the lower appellate court.