AI Structured Summary
Not yet generated for this judgment
Judgment
One of the Plaintiffs in this suit which was instituted u/s 92, CPC was found to have no interest such as that required by this section. Thereupon
two other men who had the requisite interest applied to the Collector and obtained sanction to institute this very suit. They were then added as
third and fourth plaintiffs. Objection was, however, taken by the defendants to the effect that the suit was bad as laid and must be dismissed and
that the requirements of Section 92 were not satisfied by adding 3rd and 4th plaintiffs in the same suit. The learned Subordinate Judge heard the
objection discussed it and came to the conclusion that the suit was not properly instituted and dismissed it. There is a ruling of this Court in
Ramayyangar v. Krishnaaiyangar ILR (1886) Mad. 185 which would cover the present case; but it was argued that in the old Code no such
clause as that in the sub-paragraph 2 of Section 92 occurred in Section 539 and that the latter paragraph makes a difference. We find however
that the ruling in Ramayyangar v. Krishnaiyangar ILR (1886) Mad. 185 has been followed in some very recent cases of this Court decided under
the New Code. One of them is a decision of Oldfield and Bakewell, J. J., in Appeals Nos. 310 and 378 of 1918 and the other is the judgment of
Spencer and Krishnan, J.J., in Civil Revision Petitions Nos. 892 and 893 of 1919. On the other hand there is a ruling of the Bombay High Court in
Darves Haji Mohamad v. Jainuddin I.L.R(1906) 30 Bom. 603 contrary to the view taken in these cases. And the Allahabad High Court seems to
have taken the same view of the law as the Bombay High Court. But the matter being purely one of procedure we think we ought to follow the
rulings of this Court. The Judgment of Subordinate Judge is set aside and the case will be remanded to him for disposal on the merits, the
memorandum of objections being allowed.
Costs of the memorandum of objections will abide the result. The appeal is dismissed with costs.