LAWS(MAD)-2017-1-95

R.KUPPUSAMY Vs. M.NAGARAJ

Decided On January 09, 2017
R.Kuppusamy Appellant
V/S
M.Nagaraj Respondents

JUDGEMENT

(1.) learned counsel appearing for the petitioners and Mr. R. Sunilkumar, learned counsel appearing for the respondents.

(2.) A perusal of records show that the respondents 1 and 2 in this C.R.P, as plaintiffs have filed a suit against the petitioners herein and respondents 3 to 5 herein in O.S.No.64/2013 before the Additional District Munsif, Erode for the relief of declaring the suit temple is the public temple belongs to the people of Karundevanpalayam and Thamibaranvalasu and Permanent Injunction. In this case, the respondents 1 and 2 herein have filed I.A.No.169/2013 under Order 1, Rule 8 of C.P.C seeking permission to conduct the suit in a representative capacity on behalf of the residents of Karundevanpalayam and Thambiranvalasu. The respondents 1 and 2 herein are claims to be the representatives of the people of the Karundevanpalayam and Thambiranvalasu.

(3.) The further case of the Plaintiffs/Respondents 1 and 2 herein is that there are 95 families in Karundevanpalayam village and 55 families in Thambiranvalasu village. They are living in the 2 domiciles and because there are numerous persons having same interest in the subject matter, all of them cannot be arrayed as plaintiffs in the suit. Hence the respondents 1 and 2 herein who are the leaders of the 2 domiciles have come forwarded with the suit on a representative capacity as plaintiffs.