Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
Civil Procedure Code, 1908, Order 1, Rule 8, Explanation -- Representative suit - To establish sameness of interest, it is not necessary to establish sameness of cause of action...........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Personal service has to be resorted to at first instance or whereby due to reasons of number of persons or any other cause such service is not reasonably practicable, then by means of public advertisement such persons can be served...........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 12(1)(c), 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Numerous consumers having same interest - Complaint - Where there are numerous consumers having the same interest a complaint can be filed with permission of District Forum, on behalf of, or for the benefit of all consumers so interested - It is O.1.R.8 CPC..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit for declaration that suit properties belongs to Madarsa - Plaintiff pleaded that suit properties were purchased through registered sale deed by plaintiffs - However, it does not reflect from sale deeds that lands comprised therein were purchased for Madarsa - Name of office bearers of Madarsa not..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Leave can be granted even after suit is taken on file by numbering the suit...........
