- (1.) THIS appeal was cognizable by a single Judge but on an application made on behalf of the plaintiffs-appellants that the case involves a general question of importance affecting the Shias and Sunnis, two sects of the Muslim community, it was ordered to be heard by a Bench of three judges.
(2.) THE two plaintiffs belong to the Sunni sect and are residents of Qasba Mahmudabad, District sitapur. They brought a suit in their representative capacity under Order 1, Rule 8, Civil P. C. on behalf of the Sunnis of Qasba Mahmudabad against the first five defendants in their representative capacity as representing the Shia Muslims of the same Qasba. In paragraph 6 of the plaint it was said "that as all the Sunni Muslims of Mahmudabad have the right to get a permanent injunction issued the plaintiffs under Order 1, Rule 8, Civil P. C. seek permission to file the suit on behalf of all the Sunnis of Qasba Mahmudabad, and as all the Shias of Mahmudabad are prepared to contest the suit, permission is sought to file, the suit against the defendants on behalf of all the shia Muslims of Qasba Mahmudabad. "
(3.) WHEN notice of the suit was issued, defendants 6 to 19 who are Sunni Muslims applied that they did not wish to be associated with the plaintiffs, nor did they want the plaintiffs to represent them and they were, therefore, impleaded as defendants to the action.;