Law: Civil Procedure Code (V of 1908)

Section: O.I,R.8

Civil Procedure Code (V of 1908)--- ----O. I, R.8---Plaintiffs filed suit in a representative capacity on the ground that mosque constructed on disputed property was gifted by owner of the said property and the defendants had intended to demolish the mosque---Defendants contested suit but subsequently were proceeded ex parte---Trial Court decreed suit of the plaintiffs---Appellate Court, on appeal, also dismissed the same---Defendants asserted that no permission of court was obtained under O.I, R.8, C.P.C. in the representative suit---Validity---No permission was obtained by plaintiffs for institution of suit in representative capacity nor any report was available on filed about the beating of drums and other mode of service on public at large---High Court set aside the s of both courts below and remanded the case to Trial Court for decision afresh after allowing proper application in terms of O.I, R.8, C.P.C., the Trial Court would issue proclamation in a local newspaper by inviting objections and then would decide the suit---High Court also directed that if the mosque was constructed on disputed site it should not be demolished or taken into possession by the defendants, with further direction to Trial Court to decide the case within four months from the receipt of present order. Datari Construction Co. (Pvt.) Ltd. v. A. Razak Adamjee and others 1995 CLC 846 Munir Ahmed Khan v. Samiullah Khan and 7 others 1986 CLC 2652 and M. Saadullah and 28 others v. Tahir Ali and 2 others 1986 CLC 2643 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- Briefly the facts of the case are that respondents filed a suit in representative capacity claiming that property described in para. Nos.3, 4 and 5 of the plaint was in possession and ownership of one Jalal son of Sahb Zada. He gifted the said land for mosque through Mutation No.585 dated 13-3-1944. After two years of the gift, the people of the village constructed a well, one room and boundary wall of the mosque. It was averred in the plaint that defendants/petitioners illegally and without any authority intend to demolish the construction made for the public welfare and want to take forcible possession of…

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