Representative Suit / What is Representative suit / representative suit in details

1. Assignment: -
1.What is Representative Suit? Discuss With relevant
Laws?
Definition:A representative suit is a suit filed by or against
one or more persons on behalf of themselves and others
having the same interest in the suit.
Relevant Laws :
Order I Rule 8 of the Code of CivilProcedure 1908; reads as -
Rule 8 - One Person May Sue or Defend On Behalf Of All In Same
Interest
Where there are numerous persons havingthe same interest in one suit,-
(a) one or more of such persons may, with the permission ofthe Court,
sue or be sued,or may defend such suit,on behalfof, or for the benefit
of, all persons so interested;
(b) The Court may direct that one or more of such persons may sue or be
sued,or may defend such suit, on behalfof, or for the benefit of, all
persons so interested.
2) The Court shall,in every case where a permission ordirection is given
under sub-rule (1), at the plaintiff's expense, givenotice of the institution
of the suit to all persons so interested either bypersonal service, or,
where, by reason of the number of persons or any other cause, such
service is not reasonablypracticable, bypublicadvertisement,as the
Court in each case may direct.

2. 3) Anyperson on whose behalf,orfor whose benefit,a suit is instituted
or defended,under sub-rule (1), may applyto the Court to be made a
partyto such suit.
4) No part of the claim in any such suit shall be abandoned under sub-
rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1
of Order XXIII, and no agreement,compromise or satisfaction shall be
recorded in any such suit under rule 3 of that Order, unless the Court has
given, at the plaintiff's expense, notice to all persons so interested in the
manner specified in sub-rule (2).
5) Where any person suingor defendingin anysuch suit does not
proceed with due diligence in the suit or defence, the Court may
substitute in his place any other person havingthe same interest in the
suit.
6) A decree passed in a suit under this rule shall be bindingon all persons
on whose behalf,or for whose benefit,the suit is instituted, ordefended,
as the case may be
Section 11 of the Code of Civil Procedure 1908 : Explanation VI- Where
persons litigate bona fide in respect of public right or of a private right claimed
in common for themselves and others, all persons interested in such right shall,
for the purposes ofthis section, be deemed to claim under the persons so
litigating.
2. What are the Essentials / Conditions and purposes of
Representative Suit?
Essentials / Conditions:

3. i) There must be Numerous number of parties
ii) The interest of all parties must be the same
iii) The court should give the permission
iv) Notice must be issued to proposed parties
Purposes:
i) Avoid Conflict in Judicial Decisions
ii) The Provision laid down in the law will save the
precious of the Court and cut down expense and
unnecessary complications;
iii) Avoid multiplicity of suit-that means the matter
can be determined in a single trial.
3. At what stage parties need to have the permission of
court instituting representative suit?
The matters of interest of all plaintiffs are same.
Then court will served all each party a notice for their consent.
A notice will have to be given to all concerned parties. The Permission
under Order 1, Rule 8, the Code of Civil Procedure 1908 may be granted
even after the institution of the suit and even at the appellate stage by

4. allowing an amendment, if such amendment does not materially
change the nature of the suit.
Where permission is granted to file a suit in representative capacity
then it is mandatory to give notice of the institution of suit to all the
persons interested. Notice maybe given directly through personal
service or by advertisement as directed by the Court.
4. Difference between suit in personal capacity and
representative suit?
Representative Suit Suit in personal
i) A “Representative Suit” is
a suit filed against one or
more persons on behalf of
themselves and others
having the same interest
in the suit.
i) The person whose
fundamental or legal right
has been violated may file
suit or petition for
enforcement thereof.
ii) In Representative suit,
Order I Rule 8 of CPC
provides that when there
are number of persons
similarly interested in a
suit, one or more of them
can with the permission of
the court or upon a
direction from the court,
sue or be sued on behalf
of themselves and others.
ii) The Plaintiff has to file the
suit in a court having
jurisdiction of the lowest grade.
In Private Interest Litigation,
Plaintiff has to pay Court stamp
fee as per the valuation of the
suit property under the Court
Stamp fee Act

5. iii) In Representative suit,
Following Conditions must exist
1) the parties must be numerous
2) They must have the same
interest
3) The Permission must have been
granted or direction must have
been given.
4) Notice must have been issued
to the parties whom it is proposed
to represent
iii) In Private Interest
Litigation, The aggrieved
person has to prove that
he has suffered some loss
or injury. In case of alleged
violation of right, he must
in addition prove that he
has right.