https://www.taxtmi.com/caselaws?id=299255 A decree passed against an association was held binding on all members where the suit had in substance been defended by office-bearers and a member acting bona fide for the common right. The absence of a formal order under Order 1 Rule 8 CPC did not, by itself, make the decree a nullity because the decisive question was actual, good-faith representation and not mere procedural compliance. Explanation VI to Section 11 CPC therefore applied, and the members could not resist execution on the ground of want of formal leave. The objection was barred by res judicata, and the decree for ejectment remained enforceable against the association and its members. en-us Thu, 15 Feb 1996 00:00:00 +0530 Wed, 08 Dec 2021 14:15:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299255 A decree passed against an association was held binding on all members where the suit had in substance been defended by office-bearers and a member acting bona fide for the common right. The absence of a formal order under Order 1 Rule 8 CPC did not, by itself, make the decree a nullity because the decisive question was actual, good-faith representation and not mere procedural compliance. Explanation VI to Section 11 CPC therefore applied, and the members could not resist execution on the ground of want of formal leave. The objection was barred by res judicata, and the decree for ejectment remained enforceable against the association and its members. Case-Laws Indian Laws Thu, 15 Feb 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299255