SANJEEV KUMAR Vs. H.P.HOUSING BOARD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the Petitioners against the order dated 13.8.2004 passed by the Trial Court, dismissing their application under Order 1 Rule 10 Code of Civil Procedure for being impleaded as Plaintiffs.

(2.) The facts which are relevant for the decision of the present petition are that Plaintiffs Roshan Lal etc. had filed a suit for declaration etc. under Order 1 Rule 8 Code of Civil Procedure against the Defendants. It was alleged in the plaint that the Plaintiffs were filing the said suit in representative capacity under Order 1 Rule 8 Code of Civil Procedure on behalf of the other inhabitants of village Bharolian Khurd and their interests were common with the Plaintiffs. A separate application under Order 1 Rule 8 Code of Civil Procedure was also filed seeking permission to sue in the representative capacity. List of interested persons (115 in number) was also filed alongwith the said application. Vide detailed order dated 21.6.2004, the learned Trial Court allowed the application under Order 1 Rule 8 Code of Civil Procedure and granted necessary permission to the Plaintiffs to institute the suit in representative capacity. It was also directed that the persons named in the list (115 in number) filed alongwith the application under Order 1 Rule 8 Code of Civil Procedure may be served by way of publication in the newspaper Punjab Kesri.

(3.) Subsequently the persons at Sr. Nos. 19, 20, 43, 45 and 67 in the list attached with the application under Order 1 Rule 8 Code of Civil Procedure, had filed an application under Order 1 Rule 10 Code of Civil Procedure for being impleaded as Plaintiffs in the suit on the ground that they have a right to join the array of Plaintiffs for effective and proper adjudication of the matter in the controversy. The learned Trial Court vide order dated 13.8.2004 dismissed the said application with the observations that the application was not maintainable nor tenable as the Court had already permitted the Plaintiffs to institute the suit in representative capacity under Order 1 Rule 8 Code of Civil Procedure and the names of the applicants who had filed the application under Order 1 Rule 10 Code of Civil Procedure also figured in the list of persons on whose behalf the said suit had been filed and those applicants were already found to have joined the suit as Plaintiffs in representative capacity and no question arises to pass orders for them to be treated as Plaintiffs again and that they were free to join the proceedings as and when they liked and the presence of their counsel had already been marked and the application thus stands dismissed. Aggrieved against this order dated 13.8.2004, the Petitioners, who were the applicants in the application under Order 1 Rule 10 Code of Civil Procedure, filed the present petition under Article 227 of the Constitution of India in this Court.