Order 1 Rule 8 CPC | In Representative Suit, Plaintiff Claims Relief Not Only For Herself & But Also For General Public As A Whole: Karnataka HC
The Karnataka High Court observed that in a representative suit under Order 1 Rule 8 Code Of Civil Procedure, the plaintiff claims the relief not only for herself but also for general public as a whole.
The Court was hearing a Second Appeal challenging the order where the judgment and decree passed in suit.
The bench of Justice V. Srishananda observed, “What is to be looked into under Order I Rule 8 of Civil Procedure Code is the plaintiff claiming the relief not only for herself and for general public as a whole and not the claim against the rest of the people in a specifically drafted suit.”
Advocate K. Ravishankar appeared for the Appellants and Advocate Aashish Ram appeared for the Respondents.
Brief Facts-
The Plaintiff filed a suit to declare that defendants Nos.1 to 4 and the public had only permissive use of a pathway on the plaintiff's property and couldn't alter or widen it without consent. The trial court ruled in favour of the plaintiff, but the defendants appealed. The Appellate Court set aside the judgment remanded the case and directed the trial Court to notify the public as contemplated under Order 1 Rule 8 of CPC calling upon the interested persons to file their objections and reconsider the evidence.
The Court perused the material on record and said that the plaintiff's suit prayer was one for declaration and the plaintiff based his claim on the title possessed by him in respect of the suit property.
The Court observed, “…the declaratory relief is a judgment in rem, and it would not only restrict to the defendants, but which would also against the rest of the world.”
According to the Court, the approach of the First Appellate Court in directing the plaintiff to convert the suit into a representative capacity cannot be countenanced in law.
The Court set aside the direction issued by the First Appellate Court for the plaintiff to convert the suit into a representative suit by issuing a necessary notice under Order I Rule 8 of the Civil Procedure Code.
Accordingly, the Court allowed the Appeal in part.
Cause Title: K S Savithri v. Kamalaksha (Neutral Citation: 2024:KHC:30160