MAHOMED KANNI ROWTHER Vs. NAINA MAHOMED ROWTHER

JUDGEMENT

(1.) This is a revision petition filed by the defendant against the order of the District Munsif of Madura Town, directing the addition of the respondents 1 and 2 as plaintiffs, and permitting them to continue the suit.

(2.) The suit was instituted by one Musafar Rowther, oh behalf of himself and other members of the community of Melagar Uraimwraigars of Ghoripalayam, and the necessary permission of the Court under Order 1, Rule 8, Civil Procedure Code, was also obtained. The suit is therefore a representative suit. The proper cause title for such a suit is: Musafar Rowther, on behalf of himself and all the other members of the community .. Plaintiff V/s. Muhammad Kanni Rowther .. Defendant.

(3.) The aforesaid Musafar Rowther died at the end of May, 1928. His son intervened with two applications, to be added as a plaintiff, but both of them were dismissed, the first, on the ground, that in a representative suit of this kind, the son of the deceased who filed such a suit could not claim that the right to sue survived to him, and the second, on the ground, that he was not a member of the community on whose behalf the suit was filed. On the very day on which the Court dismissed his second petition, the District Munsif dismissed the suit itself, stating that he would not wait for another application by some other person, and that there was no plaintiff on record. This dismissal was on 20 November, 1928. The present application was filed by the respondents on 3 January, 1929, under Order 1, Rules 8 and 10 and Section 151 of the Code. This was granted by the Lower Court, and the propriety of that order is now questioned in this revision petition.