RANKA BUILDCON SOLE Vs. LALLUDAS

JUDGEMENT

(1.) Counsel for the petitioner submits that earlier a public interest litigation was filed by the respondent-plaintiffs wherein this court observed that there was no public interest involved and left it free for the respondents to either file a complaint before the Devsthan Department or file a suit if advised. There was no specific direction to the plaintiffs to file a civil suit. The trial court has however accepted the suit in representative capacity under Order 1 Rule 8 CPC without giving an opportunity to the petitioner to contest the same.

(2.) Counsel for the petitioner has relied on AIR 2008 SC 2187- Dadu Dayalu Mahasabha Vs. Mahant Ram Niwas and ors.; and 2017 SAR (Civil) 1071- S.N.D.P.Sakhayogam Vs. Kerala Atmavidya Sangham and ors., in support of his submissions.

(3.) Per contra, counsel for the respondents submitted that an application was moved under Order 7 Rule 11 CPC by the petitioner-defendant which has been rejected by the trial court, against which, a revision petition is pending before this court. It is also found that in the written statement filed by the petitioner, objection regarding the maintainability of the representative suit has already been taken. The order which is impugned only is with respect to accepting suit and issuing notice and at that stage, opportunity of hearing is not required to be given to the defendant.