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Representative Suit – Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court

Answering a reference against a division bench judgment, a 3-judge bench of the Kerala High Court has held that the publication of notice under Order 1 Rule 8 of the Code of Civil Procedure is not mandatory at the appellate stage of a representative suit. A 3-judge bench comprising Justices CT Ravikumar, V Shircy and K Haripal declared that the division bench judgment in Radha K.S. v. Sadasivan and another [2017 (1)KHC 118 : 2017 (1) KLT 102], which held that provisions of Order 1 Rule 8 CPC are to be complied with at the appellate stage, was “not correctly decided”. The question referred to the bench was : “Is an appeal preferred against a decree passed in a representative suit incompetent, without making a further publication under sub-rule (2) of Rule 8 of Order I of the Code of Civil Procedure?” The reference was made by a single bench which doubted the correctness of the decision in Radha K.S. v. Sadasivan and another. While the single bench referred the matter to a division bench, in 2017, a division bench endorsed the views of the single bench, and further referred the matter to a 3-judge bench, as Radha was a decision rendered by a coordinate bench.

Asia Law Offices advised a major transnational strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals.

ALO represented Pharmax in the structuring and closure of entire transaction documents of the significant collaboration.

The collaboration framework extends to licensing, manufacturing, and supply of Acino formulations within the gastroenterology and the cardiovascular space throughout the Middle East and Africa.