 bui no 78 of 1,& the code of cilvll procedure (amendment) bii&4 1979 billfurther to amend the code of civil procedure, 1908 be it enacted by parliament in the thirtieth year ot the republic at india as follows:-1 this act may be called the code of civil procedure (amendment) ad, 1979 short title 2 in section 123 of the code of civil procedure, 1908 (hereinafter amend-5 of 1908 s referred to 8s the principal act), in sub-section (2), after clause (c), the ment of following clause shall be inserted, namely:-section 123 u(d) in the towns of calcutta, madras and bombay an advocate entitled to practise on the original side of the high court" s in the first schedule to the principal act,-10 amendment of first schedule (4) in order v, in rule 20, in sub-rule (la), for the words "a daily newspaper circulating in the locality", the words "8 newspaper having circulation in the locality" shall be substituted; (ib) after order xlix, the following order shall be inserted namely:- "order xlixa p~oceedings before high courts under article 226 of '1'bi! consul anon1 (1) where numerous persons have the same interest with 5 respect to any question of law or f-act or any relief which may_ be the subject matter of a proceeding befo~e a high court under article 226 of the constitution-(a) one or more of such persons may, with the permission of the court, proceed or be proceeded against, or may 10 defend such proceeding, on behalf of, or for the benefit of, all persons so interested; numerous persons having same interest in pr0-ceeding under  article 226 (ib) the court may direct 'that one or mol'e of such persons may proceed or be proce~ed against, or may defend such proceeding, on behalf of, or for the benefit of, is all persons so interested (2) the court shall, in every case where a permission or direction is given under sub-rule (1), at the petitioner's expense, give notice of the institution of the proceeding to all p~rsons so interested, either by personal service, or, where, by ~o 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) azly person on whose behalf, or for whose benefit, a proceedingia instituted, or defended \meier sub-rule (1) may apply ~5 to the court to be made a party to such proceeding (4) no part of the relief claimed in any such proceeding shall be abandoned, and no such proceeding shall be withdrawn, and no agreement, compromise or satisfaction shall be recorded in any such proceeding, unless the court has given, at the petitioner's 30 expense, notice to all' persons so interested in the manner specified in sub-rule (2)  (5) where any pe~on proceeding 9r defending in any such proceeding does not proceed with due diligence in the proceeding or defence, the court may substitute in his place any other person 35 having the same interest in the proceeding (6) any direction, order or writ issued or passed in a proceeding to which this rule applies shall be binding on all persons on whose behalf, or for whose benefit, the proceeding is instituted or defended as the case may be 40 explanation-for the purpose of determining whether the persons who proceed or are proceeded against, or defend, have the same interest in one proceeding it is not necessary to establish that such persons have the same ground of relief 88 the persons on whose behalf, or for whose benefit, they proceed or are proceed- 45 ed against, or defend the proceeding, as the case may be" a new sub-rule was inserted in rule 20 of order v of the first schedule to the code of civil procedure by the amendment act, 1976 this had the effect of providing that an advertisement for substituted service of summons could be published only in a daily newspaper the all india small and medium newspapers association had represented that this has resulted in considerable hardship to over two thousand weekly newspapers, as they are ineligible for this class of advertisement in view of this hardship and the fact that it is the court which chooses the particular newspaper in which an advertisement has to be published having regard to the likelihood of its being seen by the persons for whom it is intended, it is proposed to amend the sub-rule, so as to enable such advertisements to be published in newspapers having circulation in a locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain, irrespective of whether the newspaper is a daily newspaper or not 2 sectilon 141 o~ the code of civil procedure, 1908 makes the procedure provided in the code in regard to suits applicable, so far as they may be, to all proceedings in any court of civil jurisdiction the amending act of 1976 added an explanation to this section to the effect that-its provisions do not apply to proceedings under article 226 of the constitution it has been pointed out that this amendment has had the effect of preventing representative writ petitions being ftled in the high courts, with the result that in a large number of cases, wherein no dispute as to facts is involved but only to a question of law, iden~al petitions have been ftled by a large number of interested persons, resulting in unnecessary delay and expense while it is no doubt open to the high courts to frame a rule authorising representative writ petitions, in order to make for uniformity and to avoid unnecessary litigation, it· is proposed to insert new order xlix-a in the first schedule to the code, so as to enable representative writ petitions to be filed ' 3, section 123 (2) of the code, dealing with the composition of the rule committee, provided that in the high courts of calcutta, madras and bombay, the rule committee shall include an attorney with the abolition of the institution of attorneys, reference to attorneys in this section was deleted by the repealing and amending act of 1978 the government of maharashtra has suggested that in place of attorneys, representation should be given to advocates entitled to practise on the originat side of the high court it is, therefore, proposed to amend section 123 (2) of the code to provide for representation to this class of advocates in rule committees 4 the bui seeks to give effect to the above objects new delhi; shant! bhushan the 7th may, 1979 - - - - - 111 (1) - - - - - peraona, conatitutloil of rule commltteei in certain states (2) each aqch committee shall codlist ot t~ fau9wtni ~y:-- - - - - the first schei>tj'lj - - - - - o~v  issull and sdv'icz 01' s'ulomns - • - • •zt (1) - - - - - substituted service (la) where the aourt acting under sub-rule (l>--/~ ~ by -n" sve~t it) '" ~ew~ ~ newpfl8r -n ,a 44wy nftii-paper circ~tim jn the loc;ality in wbjcb ~;~~ is last ~ tq  ve  u¥· andvilbmtarily ~ ~""_  "  toully worked for gain - - - - -  ~' \, i ·  ",," " " " ,  a billf\u'ther tc;> amend the cod~ of civil procedure, 1908 (shri shanti bhtuhan,      minibter of law, jumc~ and ,      ~ompany afftdr"~                                      