MOHD RAMZAN GANAI Vs. BASHANGAN KRALNEWA

JUDGEMENT

(1.) THIS is a motion for the admission of a civil revision directed against the order dated : 24 -6 -1987 passed by the learned Sub Judge, Badgam holding that the suit was maintainable in its representative capacity and the State of Jammu and Kashmir was not a necessary party.

(2.) A suit for injunction came to be filed by the respondents herein in a representative rapacity. An application too was filed by them under O. 1 Rule 8 CP for permission to file such suit, which was granted to them The court also directed that the notice shall be published in a local newspaper in terms of O. 1 Rule 8. Despite such direction, the office appears not to have complied with it. When the written statement was filed by the defendants/petitioners, the defect was pointed out. Accordingly, an issue came to be struck in this regard. Another preliminary issue regarding impleadment of the Jammu and Kashmir State was also framed. It was so because, allegedly, a construction was raised on a public road constructed by the Government. Both the issues were treated as preliminary ones.

(3.) THE Learned trial court decided both the issues against the petitioners defendants. Regarding non -publication of the notice, it was held by the said court that it was not the fault of the party. If this lapse has occurred due to negligence of the office of the court, the party cannot be allowed to suffer. As the permission was granted to file the suit in a representative capacity, the non -publication of notice was not fatal to the maintainability of the suit.