Making Boundary Wall in Agricultural Land
4 years ago
I have an agricultural land, where I want to make boundary wall to cultivate the land, beside my land people made houses. Now while making the boundary wall local people forcing me to leave 3 feet space from my area boundary and construct the wall. There is an passage beside the land, that is because the owner of the houses left 3 feet during there construction. That left space became an passage for peoples next to my land. Now They are forcing me to leave 3 feet space. What should I do? 1.In Mouza Map there is no mention of that passage as road. 2. That passage is private property of the house owner besides my land. People next to my land are using that passage without any permission from land owner. What should I do? Do I need to leave 3 feet space from my area boundary?
A.Dear Sir,
You may approach Civil Court by filing a suit and issuing a paper publication inviting the public to join as defendants under Order 8 Rule 1 of Civil Procedure Code and thus you will get appropriate order.
=====================================================================================
UNDER ORDER 1 RULE 8 CPC
Representative suit
As a general rule all persons interested in a suit ought to be joined as parties to it, so that the matter involved therein maybe finally adjudicated upon an fresh litigation over the same matters may be avoided. A representative suit is an exception to this rule. Order I rule 8 of IPC provides that when there are Number of persons similarly interested in a suit, one or more of them can, with the permission of court or upon a direction from the court , sue or to be sued on behalf of themselves and others. The plaintiff in a representative suit need not to be obtain the previous consent of the person to whom he seeks to represent.
Definition
Thus ' representative suit' may be defined as under.....
A representative suit is a suit filed or against one or more persons on behalf of themselves and others having the same interest in the suit.
Object
The object underlying this provision is really to facilitate the decision of questions in which a large number of person are interested without recourse to the ordinary procedure. Order I rule 8 of the code has been framed in order to save time and expense, to ensure a single comprehensive trial of questions in which numerous persons are interested and avoid harassment to parties by a multiplicity of suits .In cases where the common right or interest of a community or members of an association for large sections is involved, there will be insuperable practical difficulties in the institution of suits under the ordinary procedure, where each individual has to maintain and action by separate suit. To avoid numerous suits being filed or for decision of a common question , Order 1 rule 8 has come to be enacted. The provision therefore should receive liberal interpretation, which will subserve the object of its enactment.
Conditions
for the application this rule, following conditions must exist...
1. The Parties must be numerous.
2. They must have the same interest in the suit.
3. The permission must have been granted or direction must have been given.
4. Notice must have been issued to the parties to whom it is proposed to represent.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
You may approach Civil Court by filing a suit and issuing a paper publication inviting the public to join as defendants under Order 8 Rule 1 of Civil Procedure Code and thus you will get appropriate order.
=====================================================================================
UNDER ORDER 1 RULE 8 CPC
Representative suit
As a general rule all persons interested in a suit ought to be joined as parties to it, so that the matter involved therein maybe finally adjudicated upon an fresh litigation over the same matters may be avoided. A representative suit is an exception to this rule. Order I rule 8 of IPC provides that when there are Number of persons similarly interested in a suit, one or more of them can, with the permission of court or upon a direction from the court , sue or to be sued on behalf of themselves and others. The plaintiff in a representative suit need not to be obtain the previous consent of the person to whom he seeks to represent.
Definition
Thus ' representative suit' may be defined as under.....
A representative suit is a suit filed or against one or more persons on behalf of themselves and others having the same interest in the suit.
Object
The object underlying this provision is really to facilitate the decision of questions in which a large number of person are interested without recourse to the ordinary procedure. Order I rule 8 of the code has been framed in order to save time and expense, to ensure a single comprehensive trial of questions in which numerous persons are interested and avoid harassment to parties by a multiplicity of suits .In cases where the common right or interest of a community or members of an association for large sections is involved, there will be insuperable practical difficulties in the institution of suits under the ordinary procedure, where each individual has to maintain and action by separate suit. To avoid numerous suits being filed or for decision of a common question , Order 1 rule 8 has come to be enacted. The provision therefore should receive liberal interpretation, which will subserve the object of its enactment.
Conditions
for the application this rule, following conditions must exist...
1. The Parties must be numerous.
2. They must have the same interest in the suit.
3. The permission must have been granted or direction must have been given.
4. Notice must have been issued to the parties to whom it is proposed to represent.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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