KIRPA RAM AND OTHERS v. HARI RAM (deceased) through LRs AND OTHERS
CMPMO/366/2026 · 2026-08-31
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21470 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21470 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:36860 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.366 of 2026
Reserved on: 06.08.2026 Decided on: 31.08.2026 Uploaded on : 31.08.2026
Kirpa Ram & Ors. …Petitioners Versus Hari Ram (deceased) through LRs. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 _______________________________________________________________ For the petitioners : Mr. Arjun Lall, Mr. Aakash Thakur and Mr. Varun Thakur, Advocates. For the respondents : Mr. Gurinder Singh Parmar and Mr. Peeyush Dhanotia, Advocates. Virender Singh, Judge Petitioners, being aggrieved from the order dated 03.06.2026, passed by the Court of learned Civil Judge, Arki, District Solan, H.P., (hereinafter referred to as the learned trial Court), has filed the present petition, under Article 227 of the Constitution of India.
2. By way of order dated 03.06.2026, the learned trial Court has dismissed the application, under Order 12, Rule 6, read with Order 8, Rule 5 and Section 151 of CPC, as well as, application, under Order 1, Rule 8 of CPC. 1 Whether Reporters of local papers may be allowed to see the judgment?
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3. For the sake of convenience, the parties to the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned trial Court.
4.
Brief facts, leading to the filing of the present petition before this Court, as borne out from the documents, annexed with the petition, may be summed up, as under:
4.1. Plaintiffs have filed the representative suit, under Order 1, Rule 8 of CPC, for declaration of the title under Section 34 of the Specific Relief Act, as well as, for the relief of permanent prohibitory injunction, against the defendants, on the ground, that the parties to the lis are permanent residents of village Kolka. According to them, the residents of village Kolka in the year 196465, had decided to provide drinking water to the villagers and for that purpose, they had collected the funds, by way of sale of land out of their joint ownership. They have sold Khasra Nos.984 and 985, measuring 015 biswas of land and two Ghasanis, bearing Khasra No.225, measuring 2 bighas and one in village Budru Dev, measuring about 2.5 bighas, to late Shri Gulaba Ram son of Gurmukh, forefathers of the plaintiffs for a sum of Rs.800/. In this regard, a
3 2026:HHC:36860 document was also prepared and signed, by all the joint owners on 16.05.1965. 4.2. It is the case of the plaintiffs that when, one Gopala of village Kotla, was in possession of Gairmarush over Khasra Nos.984 and 985, which were sold to Gulaba and also Khasra No.495, before the year 1965, he has agreed to give Khasra No.495, instead of Khasra Nos.984 and 985, and the said agreement was verbally agreed upon by the villagers, in the year 1965. Thereafter, Gulaba, predecessorininterest of plaintiffs, was put in possession of Khasra No.495, measuring 6 bighas, along with two Ghasnis, as referred to above, in the year 1965 itself. 4.3. According to the plaintiffs, at the relevant time, oral and registered sale was permissible, however, those entries could not find mentioned in the revenue record, however, in the Jamabandi, for the year 197475, entry was incorporated and Gulaba Ram, predecessorininterest of the plaintiffs, was recorded, in the column of possession of Gairmarus, in respect of Khasra No.495, and the same position continued, in the subsequent jamabandi for the year 197980.
However, in the jamabandi for the year 198485, qua Khasra No.495, the revenue officials
4 2026:HHC:36860 appended a note to the effect that the owner of the land could not be recorded, as Gairmarus and order that the possession of Gulaba, as cosharer, be recorded in the jamabandi. Similarly, in the column of possession, name of Gulaba has been recorded, as cosharer, in respect of Khasra No.495. So far as, the entries, qua Ghasanis of the area, known as Badru Dev and Theda in village Kolka, on 26.07.1998, a Resolution was passed by the then Public Welfare Committee of village Kolka to the effect that if, Gulaba is having any document, with regard to the above Khasra numbers, he was requested to produce the same in the next General House. 4.4. The General House meeting was held on 09.08.1998, in the periphery of Shri ‘Madore Deveta Temple’, where Gulaba produced the document, before the General House and vide Resolution No.1, the villagers had agreed that the said document is right and suggested that the mutation of said Ghasani, as well as, area of Riri, Khasra No.495, in place of Khasra Nos.984 and 985, be attested in favour of Gulaba Ram. The oral sale was acknowledged, by the residents on 09.08.1998 and in this regard, the plaintiffs relied upon Resolution No.1, dated
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09.08.1998. Gulaba Ram was paying ‘Mamla’ of the aforesaid land and in this regard, the plaintiffs relied upon the receipts, dated 16.09.1965 to 16.05.1971, 16.05.1971 to 15.05.1975, 16.05.1975 to 15.05.1981 and 1982 to
1986. 4.5. It is the further case of the plaintiffs that as per jamabandi for the year 201617, name of Gulaba Ram, predecessorininterest of plaintiffs, has been recorded, as cosharers, in the column of possession. After the death of Gulaba Ram, now, plaintiffs are in continuous possession of the above mentioned land. 4.6. On the basis of the above facts, the relief of declaration has been sought. 4.7.
When, the defendants were summoned, they have put appearance on 16.11.2024 and thereafter, on the application under Order 1, Rule 8 of CPC, defendants, who have been sued through representative capacity, have been ordered to be served, by way of publication for 11.12.2024. Thereafter, the notices were ordered to be published, against 213 persons, who have been shown to be interested persons, in the news paper, namely Dainik Jagran. Despite publication of the notices, no one has put
6 2026:HHC:36860 appearance. The defendants filed admitted written statement and thereafter, on the basis of the admission, as made in the written statement, an application has been moved under Order 12, Rule 6 read with order 6, Rule 5 of CPC, for passing a judgment and decree on admission. 4.8. In response to the said application, defendants have also admitted the contents of the same. The learned trial Court on 03.06.2026, has dismissed the application under Order 12, Rule 6 of CPC, being premature and on the same day, application under Order 1, Rule 8 of CPC has also been ordered to be dismissed. Those findings have been assailed by way of the present petition, before this Court. 4.9. In this case, the plaintiffs have filed the suit, in representative capacity and they have moved the application, under Order 1, Rule 10 of CPC, by mentioning the names 213 persons, against whom, the notices were ordered to be published, in the newspaper Dainik Jagran. After publication of notices, no one has put appearance on their behalf. 7 2026:HHC:36860
5. In the present case, the learned trial Court has not considered provisions of Order 1, Rule 8 of CPC, in the proper perspective, which are reproduced, as under:
“1.
Who may be joined as plaintiffs.—All persons may be joined in one suit as plaintiffs where— (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.”
“[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 subrule (1), at the plaintiff's 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 subrule (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 subrule (1), and no such suit shall be withdrawn under subrule (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 plaintiff's expense, notice to all persons so interested in the manner specified in subrule (2). 8 2026:HHC:36860 (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 causeof action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be”. 6. In the application, under Order 1, Rule 8 of CPC, it has specifically been pleaded that the defendants are being sued, in representative capacity, as they are having the similar interest in the suit land. The list of defendants has been annexed, with the application, upon which, the learned trial Court has passed the order to publish the notices of the matter, in the newspaper in Dainik Jagran. 7. The reasons, which have been assigned, by the learned trial Court to dismiss the application, under Order 1, Rule 8 of CPC, to the considered opinion of this Court, do not sustain in the judicial scrutiny, by this Court, as to how, by filing the suit, under Order 1, Rule 8 of CPC, the
9 2026:HHC:36860 process of law is being misused to divert third party rights, in the immovable property. 8. The plaintiffs are seeking the relief, on the basis of the fact that earlier, the predecessorininterest was in possession of suit land and now, they have stepped into the shoes of their predecessor ininterest. They have sought the declaration and declaration is always binding not only upon not only the parties to the lis, but also on the persons, sued, in the representative capacity.
The list of interested persons has been filed, which was considered by the learned trial Court and thereafter, notices of the suit were issued to the interested persons. 9. Situation would have been otherwise, had any interested person put appearance, before the learned trial Court to assert that the suit is collusive in nature, between the plaintiffs and defendants. However, no such appearance or objection was made. It is also not clear from the order, as to how, the learned trial Court has concluded that, on account of admission of defendants No.1 to 6, rights of 213 villagers were prejudiced. 10. The position would have been different, had notices not been issued against those 213 villagers, in that
10 2026:HHC:36860 event, the application for judgment on admission could have been filed. In the present case, compliance of Order 1, Rule 8(2) of CPC has been made, by issuing the notices to the interested persons. Even otherwise, relief of declaration cannot be given merely, on the basis, that the claim, as set up by the plaintiffs has been admitted, by the defendants. No separate procedure has been provided, under the CPC, for the trial of the suit, filed under Order 1, Rule 8 of CPC. 11. The provisions of Order 1, Rule 8 of CPC, are the enabling provisions to sue or to be sued, in representative capacity, where number of persons interested are numerous. 12. The learned trial Court, in the present case, has also fallen into error, while dismissing the application, under Order 12, Rule 6 of CPC, merely, on the ground, that the application under Order 1, Rule of CPC has not been decided. 13. Considering the above facts, the petition is allowed and the order dated 03.06.2026, passed by the learned trial Court, in application, under Order 12, Rule 6 of CPC, is setaside. The application is ordered to be
11 2026:HHC:36860 revived to the files of the learned trial Court, with a request to decide the same afresh. 14.
So far as the order dated 03.06.2026, by virtue of which, the application under Order 1, Rule 8 of CPC, is also setaside, is concerned, the defendants are permitted to be sued in representative capacity. 15. Consequently, the application under Order 1, Rule 8 of CPC, is allowed and the defendants are permitted to be sued in representative capacity, as despite publication of the notices, no one has bothered to put appearance to contest the suit or to say that the defendants are not protecting the interest of the persons, on whose behalf, they have been impleaded, as defendants, in the lis, in representative capacity. 16. Parties, through their counsel, are directed to to appear before the learned trial Court, on 15.09.2026. 17. The pending application(s), if any, are also
disposed of.
(Virender Singh) August 31, 2026
Judge (Subhash Sharma/Pramod Kumar)