2018 AIR CC 1355 (MAD)

Madras High Court

Hon'ble Judge(s): V. M. Velumani , J

Civil P.C. (5 of 1908) , O.1 R.8, O.26 R.9— Representative suit - Dispute between two communities regarding usage of pathway - Petitioner trying to block pathway, cutting down trees belonging to other communities and threatening to destroy septic tank for rain water harvesting - Respondents filing representative suit seeking leave to sue entire community of petitioners in representative capacity - Order of ex parte interim injunction passed before granting leave to respondents and Advocate Commissioner appointed - Erroneous - Enquiry in suit can be taken up only after leave is granted - Appointment of Advocate Commissioner set aside. (Para 11 12)