Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), O.I, R.8 & S.99---Suit for declaration, injunction and possession---Inhabitants of `Mauza' concerned being large in number, could not be sued individually---Plaintiffs had not only filed an application under O.I, R.8, C.P.C. for permission to sue the defendants through their representatives; but had also appended a list of said persons who were intended to be sued through their representatives---Decree prayed for was also against all the persons and not against those six who were defendants in the suit---Trial Court, however, without attending to the provisions of O.I, R.8, C.P.C., proceeded with the suit and decreed the same in favour of the plaintiffs---Appellate Court also did not attend to the provisions of O.I, R.8, C.P.C.---Compliance with the provisions of O.I, R.8, C.P.C. was mandatory and non-compliance was an irregularity, which could not be cured under S.99, C.P.C.---Impugned s and decrees of the two courts below were set aside and case was remanded to the Trial Court to proceed with the same in accordance with law strictly following the provisos of O.I, R.8, C.P.C. JUDGMENT ABDUL AZIZ KUNDI, J.--- Marorang and his two brothers sons Mawas sued residents of `Mauna Beshooni', District Buner through their representatives Sahib Gul and five others for declaration, injunction and possession in respect of land measuring 42 Kanals 16 Marlas comprising Khasra No.405, `Khata Khatooni' No.139/136. The suit was instituted on 6-7-2001 and in para 1 of the plaint it was categorically stated that since the inhabitants of `Mauza Beshooni' are large in number, thus cannot be sued individually. An application under Order I, rule 8, C.P.C. for permission to sue them through their representatives was also filed along with list of said owners comprising of 136 persons. 2. On receipt of the file, the concerned Moharrir gave a detailed report specifically referring to the application under Order I, rule 8, C.P.C. and the list of owners, but the Judge of the trial Court seized of the said suit on the same day without caring for the said report of the Moharrir and/or having a…

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