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Supreme Court Of India

(From : AIR 2005 Ker 252)

Hon'ble Judge(s): Satya Brata Sinha, H. S. Bedi , JJ

Civil P.C. (5 of 1908) , O.1 R.8, O.1 R.10— Representative suit - Impleadment of third party - Suit for declaration of title and possession - Prayer for restraining defendants from using property as if it is public pathway - Impleadment of users of pathway for purpose of examination of question as to whether notice under O.1, R.10 was published in newspaper having wide circulation in locality - No interference under Art.136. Constitution of India , Art.136— A litigant may execute a decree, which was obtained for the benefit of the people of the locality, but if he intends to execute a decree which was obtained for his own benefit, those who would be affected thereby should ordinarily be made parties to the suit. Similarly, if a village pathway is the subject-matter of the suit on the premise that it is the personal property of the plaintiff, those who use the said pathway or at least have lands adjacent thereto should ordinarily be impleaded as parties. In the latter case, a decree, which has been obtained by suppression of fact or collusively would not be executable against those who were not parties to the suit.(Para 14) Where in a suit for declaration of title and possession of property, a prayer was made for restraining the defendants from using the property as a pathway as if it was a pathway, if for the pur....