Section 8, 42 and 54 of the Civil Procedure Code (v. 1908), OI, R8 and Section 99 suits, suits for declaration, injunction and occupation cannot be sued individually, due to the high number of concerned residents. The plaintiffs had not only filed an application under the OI, R8, CPC to allow their defendants to prosecute the defendants. But it also included a list of people who were intended to be represented by their representatives. The claim was also against all individuals and not against the six individuals who were the plaintiffs in the trial, however, without attending to the provisions of the OI. , R 8, CPC, proceeded with the trial and ordered the same in favor of the plaintiffs. The Court of Appeal did not comply with the provisions of OI, R8, CPC 8, CPC mandatory and non-compliance was an irregularity which could not be fixed under Section 99, CPC The impeachment verdict and the orders of both the courts were set aside below and the trial court was remanded to proceed with it according to the law, strictly following the terms of the OI, R8 , CPC
Related judgments — Peshawar High Court NWFP, 2010
