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Banshidhar & Anr. vs. Omprakash & Ors.

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Code of Civil Procedure, 1908–Order 1, Rule 8–Objection with regard to maintainability of representative suit–Dismissal of application with the view that the suit is pending for last 12 years–Justification–Trial Court was required to consider the submissions made before it and dealt with the contentions raised in the application–Mere pendency of suit for 12 years cannot be a ground to reject the application of the petitioner–Impugned order quashed and set aside and matter remanded back for deciding the application afresh.