civil procedure code

1. Name : Sukre Suraj Ratanrao.
Class : LL.B. – 3.
Subject : Civil procedure code.
Topic : Representative suit.
Guidance By
Pro. Suryavanshi mam.

2.  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.

3. 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.

4. 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.

5. 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.