1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 13th DAY OF OCTOBER 2011 THE HON'BLE MR. JUSTICE VINOD K. SHARMA A. No.2922 of 2011 in C.S. No.422 of 2011 S.Vijayakumar, No.1181 D Anna Nagar West End Colony, Mogappair, Chennai-600 050. ... Applicant/Plaintiff -Versus- A.Krishnan, Manager, Indian Overseas Bank, South Usman Road, West CIT Nagar, Chennai-600 035. ... Respondent/Defendant Application praying that this Hon'ble Court be pleased to permit the petitioner/plaintiff to sue on behalf of several members of the All India Indian Overseas Bank Scheduled Castes and Schedule Tribe Employees Welfare Association, award costs. This Application coming on this day before this Court for hearing the court made the following order: This application has been moved by the applicant / plaintiff, by invoking the provisions of the Order 1 Rule 8 and Section 151 of the Code of Civil Procedure to permit him to sue on behalf of several members of the All India Indian Overseas Bank Scheduled Castes and Scheduled Tribe Employees Welfare Association. 2.The Order 1 Rule 8 of the Code of Civil Procedure reads as under: https://hcservices.ecourts.gov.in/hcservices/ 2 "8. One person may sue or defend on behalf of all in same interest (1) Where there are numerous persons having the same interest in one suit,— (a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested; (b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested. (2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiffs expense, give notice of the institution of the suit to all persons so interested either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct. (3) Any person on whose behalf, or for whose benefit, a suit is instituted or defended, under sub-rule (1), may apply to the Court to be made a party to such suit. (4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiffs expense, notice to all persons so interested in the manner specified in sub-rule (2). (5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit. (6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or https://hcservices.ecourts.gov.in/hcservices/ 3 defended, as the case may be." 3.The reading of the order 1 Rule 8of the CPC clearly shows that the application under Order 1 Rule 8 is to be filed prior to institution of the suit by showing the common cause. The suit filed by the applicant / plaintiff is against the respondent / defendant for not co-operating with the applicant / plaintiff in his functioning as General Secretary and also restraining him from interfering in the functioning of the Association on the ground of his removal. The plaintiff / applicant has no power to remove the President of the association, thus the suit, as framed, is prima facie without any merit. 4.The dispute inter se between two members of the Association cannot be said to be the one affecting right of numerous persons as alleged. In any case, the application under Order 1 Rule 8 cannot be filed in a pending suit. The jurisdiction to permit a person or body of persons to present opinion or to take part in the proceedings, vests with Court in a pending suit under Order I Rule 8A, which reads as under: "8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings. While trying a suit, the Court may, if satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest to allow that person or body of persons to present his or its https://hcservices.ecourts.gov.in/hcservices/ 4 opinion on that question of law, permit that person or body of persons to present such opinion and to take part in the proceedings of the suit as the Court may specify." 5. The suit, which has not been properly framed, cannot be treated to be the one under Order 1 Rule 8 of the CPC and that too, when a suit for injunction is filed by one individual against other on the basis of exercise of power, which prima facie does not vest in him. 6.It was for the applicant / plaintiff to obtain prior permission of the Court, if there was any cause of action to maintain a suit in representing capacity by showing common cause. 7.The pleadings in the suit show that grievance of the applicant / plaintiff is against the respondent / defendant and some other office bearers, who have not been impleaded as parties, for the reasons best known to the plaintiff. 8.The application, being totally misconceived, is ordered to be dismissed. No costs. Sd/-V.K.S.J 13.10.2011 //Certified to be a true copy// Dated this the day of 2011. R.s/02.11.2011 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/