IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.R.P.NO.5487 OF 2008 Date:15.12.2010 Between:- Indallahshah Graveyard Managing Committee, rep.by its President Niamutullah Shareef, Hyderabad and another. ..Petitioners And M/s.Nagarjuna Travels and Hotels Private Limited, Rep.by its Director T.Venkattram Reddy and others .. Respondents ORDER:- This revision is filed by the plaintiffs against order dated 11-06-2007 passed by the II Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.2542 of 2007 in O.S.No.255 of 2007 dismissing the petition filed by the plaintiffs under Section 91(1) (B)/151 C.P.C. for not making paper publication ordered by that Court. 2. It is contended by the petitioners’ counsel that the plaintiffs filed the suit for declaration and permanent injunction in respect of a public passage when the first respondent/first defendant was encroaching into the same. It is further contended that the plaintiffs filed the suit in the lower Court in pursuance of observations made by Division Bench of this Court in Public Interest Litigation in W.P.No.23259 of 2006. It is further contended by the petitioners’ counsel that no publication is necessary in view of notice to the defendants/respondents as already in the writ petition as well as by way of personal notice in the suit the defendants had notice. It does not matter whether the suit is filed by the plaintiffs in pursuance of observations made by Division Bench of this Court in W.P.No.23259 of 2006 or not. The suit is filed by the plaintiffs in the lower Court seeking declaration that subject matter of the suit is a public passage. It is a public right claimed by the plaintiffs in the passage; and it is not the personal right claimed by them in the subject matter passage. When the plaintiffs were litigating in representative capacity representing the entire public who have got allegedly right of passage, then the procedure prescribed by Order I Rule 8 C.P.C. has to be followed before the lower Court giving permission to the plaintiffs to litigate in a representative capacity. 3. Order I Rule 8 C.P.C. reads as follows: 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 defended, as the case may be. Explanation.-For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the person on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be. As per Sub Rule (2), the lower Court ordered public advertisement in a newspaper. It is stated that the lower Court ordered publication in Eenadu Daily newspaper. It is contended by the petitioners’ counsel that the paper publication would cost around Rs.6,000/- and that the plaintiffs, who represent an association, cannot afford to spend that much of amount towards paper publication. When the lower Court ordered paper publication in pursuance of Sub Rule (2) of Rule 8 or Order I C.P.C., then it has to be complied with. The plaintiffs could have requested the lower Court for paper publication in a paper, which may cost lesser than the paper in which it was ordered. Without doing so, the plaintiffs have not complied with the order of the lower Court for publication. Therefore, the lower Court had no other go except to refuse permission to file the suit in representative capacity and to dismiss the petition for such permission. 4. The notice ordered by the lower Court is not a notice to the defendants 1 to 3/respondents 1 to 3 because they are already on record and summonses in the suit will be personally served on them. The paper publication is intended as a notice to the persons, who are similarly placed like that of the plaintiffs, so that they can also participate in the proceedings in the suit. Contention of the petitioners’ counsel that no public notice by way of paper publication is necessary, is erroneous and is contrary to law. 5. The impugned order passed by the lower Court is in accordance with law and I do not find any reasons to interfere with the said order passed by the lower Court. 6. In the result, the revision petition is dismissed. No costs. _​_________________________ SAMUDRALA GOVINDARAJULU, J 15th December 2010 AMD