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2014 (12) TMI 1390 - HC - Indian LawsIssue of car parking at Premises - leave under Order 1 Rule 8 of the Code of Civil Procedure - whether the petitioners, who are not parties to the suit, can maintain the instant application? - HELD THAT:- While it is not disputed that the suit was instituted with leave under Order 1 Rule 8 of the Code of Civil Procedure, it is contended on behalf of Angad Merchants that no notice of the suit having been published as contemplated under Order 1 Rule 8 (2) of the CPC, the suit has not assumed representative character and, as such, a non-party to the suit cannot maintain any application therein. There is nothing on record to show that notice of the suit has been given to all persons interested therein either by personal service or by public advertisement. Would that mean that a party who is similarly interested in the suit as the plaintiff is precluded from filing an application in the suit for appropriate reliefs even if he has actual notice of the suit? In my opinion, the answer must be in the negative. The provision of notice is there so that a party who would be bound by a decree passed in a representative suit does not find that he is bound by a decree without even having notice of the suit. The entire purpose of serving notice, be it individual notice or public notice, is to make all such persons aware that a representative suit has been filed so that such persons, if they choose can come forward and either support or oppose the cause. A person having actual notice of the suit, even though the plaintiff has not served notice as contemplated under Order 1 Rule 8 (2) of the CPC, is entitled to make an application in the suit praying for reliefs which are within the scope of the suit - time to issue notice of the suit may be extended by the Court and such notice can be issued privately or by public advertisement at any stage of the suit. It is merely that until such notice is issued a non-party who is not before the Court will not be bound by any order or decree passed in the action - the issue is decided in favour of the petitioners. The petitioners prayed that the Joint Administrators should take expeditious steps for the purpose of implementing the Division Bench order dated 11th August, 2006. Angad Merchants contends that the said order was obtained by suppressing their presence in the disputed portion of the basement and behind its back. Application allowed in part.
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