RADHAMOHAN MALIA Vs. BASUDEB KHUNTIA

JUDGEMENT

(1.) Defendants are appellants against a confirming decision in a suit for permanent injunction restraining the defendants who are said to be the Malia Sevaks of Lord Kapileswar Dev from entering into the kitchen and offering cooked food to the deity.

(2.) The suit has been filed against the defendants representing the Mallia Sevakas of the deity Kapileswar Dev under Order 1, Rule 8, Code of Civil Procedure. Both the courts below have decreed the suit granting the relief in favour of the plaintiffs.

(3.) Only one question will decide the Second Appeal. Admittedly, the suit is filed under Order 1, Rule 8 Code of Civil Procedure. From the order dated 2-4-1974 of the trial court, it appears that the court passed order directing issue of notice under Order 1, Rule 8 Code of Civil Procedure. Rule 8 (2) of Order 1 C. P. C. provides that the court will pass order for notice of institution of the suit to all persons, so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the court in each case may direct. In the instant case, the court has not passed any orders as to the mode according to which the notice was to be served. The trial court has held that there was a petition asking for leave to prosecute the suit against the defendants, representing the Mallia Sevakas of the deity, and so there was no illegality or irregularity in service of notice. The lower appellate court has held that as the service was by beat of drum the service would be held to be valid.