NARAYAN DAS Vs. KUMAWAT SAMAJ, RAJSAMAND & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 26.03.2015 passed by the Appellate Rent Tribunal, Rajsamand, whereby, the application filed by the petitioner under Order I, Rule 8 Code of Civil Procedure has been rejected.

(2.) The respondent - Kumawat Samaj Rajsamand ('Samaj') through its Secretary Bheru Lal and President Trilok filed an original application seeking eviction of the petitioner from the suit premises, which was accepted by the Rent Tribunal.

(3.) Aggrieved, the petitioner filed an appeal before the Appellate Rent Tribunal, Rajsamand; during the pendency of the appeal, the petitioner filed an application under Order I, Rule 8 CPC, inter alia, alleging that the suit was filed by Samaj having thousands of members and the suit was filed in representative capacity, which should have been filed after seeking permission under Order I, Rule 8 CPC; the petitioner filed an appeal based on the cause title as contained before the Rent Tribunal, Rajsamand and did not care regarding the said fact; during course of the preparation of submissions the said fact came to the notice of the counsel for the petitioner that in the appeal procedure under Order I, Rule 8 Code of Civil Procedure should be adopted so that the entire Samaj can be bound by the order passed by the Appellate Rent Tribunal and sought publication of notice under Order I, Rule 8 CPC.