NAKULESWAR PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Tliis civil revision under Section 115 of the Code of Civil Procedure is directed against the order dated 10.12.2003 passed by the Ld. Civil Judge, Junior Division, Court No. 1, Agartala in T.S. No. 93 of 2003. By the impugned order, the application filed by the plaintiff-petitioner for permission to file the suit in a representative capacity under Order 1, Rule 8 of the Code was reject ed.

(2.) It is the case of the petitioner that Title Suit No. 93 of 2003 was filed by him challenging the placement of the officers in the grade of Senior Forest Rangers. He also filed a separate application under Order 1 Rule 8 of the Code for permission to sue in a representative capacity for and on behalf of others who have the same interest in the suit. By the impugned order, the Ld. Civil Judge rejected the application on the following grounds:- (1) no separate application was filed by the petitioner; (2) the officials who were sought to be represented by the petitioner did not have the same interest of the petitioner in the suit; (3) the body of persons sought to be represented is not sufficiently definite to be recog- nizeo as participants in the suit; (4) the number of officers are also not specified in the plaint.

(3.) Aggrieved by the impugned order, the petitioner is approaching this Court by way of a civil revision. At the outset, Mr. N. Majumder, the learned Counsel appearing for the respondents has raised a preliminary ob- jection contending that a civil revision does not lie against the impugned order. Following this objection the first point for determination in this petition is whether the order rejecting an application under Order 1 Rule 8 of the Code is a "case which has been decided" within the meaning of Section 115 of the Code. Since the point raised in this petition involves an important question of law, this Court requested Mr. A.K. Bhowmik, the learned senior counsel and Mr. S.Deb, the learned senior Counsel to address the Court on this point.