Representative Suit under CPC (Code of Civil Procedure, 1908)
Introduction:
Order I, Rule 8 of the Code of Civil Procedure, 1908, deals with representative suits. A representative suit is filed by one or more persons on behalf of themselves and others who have the same interest in the suit. This rule provides an exception to the general rule that all persons interested in a suit should be joined as parties.
Definition:
A representative suit is one filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.
Order I, Rule 8 - One Person May Sue Or Defend On Behalf Of All In Same Interest:
- Permission to Sue or Defend: When numerous persons have the same interest in a suit, one or more of them may, with the court's permission, sue or be sued, or defend the suit on behalf of all.
- Court's Direction: The court may also direct that one or more persons sue or be sued, or defend the suit on behalf of all those interested.
- Notice: If permission or direction is granted, the court, at the plaintiff's expense, must give notice of the suit to all interested persons through personal service or public advertisement.
Conditions for a Representative Suit:
- Numerous Parties: There must be a considerable number of parties to make it convenient to implead all of them individually.
- Same Interest or Community of Interest: The parties must share a common interest or have a common grievance.
- Permission of the Court: Court permission or direction is necessary to bind persons other than those who are actual parties.
- Notice to All Concerned: Notice of the suit must be given to all interested parties.
Explanation: For determining whether persons in a suit have the same interest, it is not necessary to establish that they have the same cause of action.
Object: The rule's purpose is to facilitate the decision of questions involving a large body of persons with a common interest without the need for separate actions by each individual.
Conditions for a Representative Suit:
- The Parties are Numerous:
- The term "numerous" implies a group of persons making it convenient to implead all of them individually.
- The body of persons represented must be sufficiently definite.
- The term "numerous" implies a group of persons making it convenient to implead all of them individually.
- Same Interest:
- Essential for parties to have the same interest in the suit.
- "Community of Interest" is crucial for maintaining a representative suit.
- Essential for parties to have the same interest in the suit.
- Permission of Court:
- Court permission or direction must be obtained for the suit to be representative.
- Can be granted even after the institution of the suit.
- Court permission or direction must be obtained for the suit to be representative.
- Notice:
- Mandatory to give notice of the suit to all persons interested.
- Notice may be given through personal service or public advertisement as directed by the court.
- Mandatory to give notice of the suit to all persons interested.
Representative Suit and Res Judicata:
- A decree in a representative suit is binding on all persons on whose behalf or for whose benefit the suit is instituted.
- Section 11 of the Code (Res Judicata) applies to representative suits.
- The decision in a representative suit is binding on all members of the class represented, whether they join or take interest in the suit or not.
Addition or Substitution of Parties:
- Any person on whose behalf a suit is filed or defended may apply to be added as a party.
- Such person can only be added as a co-plaintiff or co-defendant, not substituted for the original parties.
- If the representative does not proceed diligently, the court may substitute another person with the same interest.
Abatement:
- A representative suit does not abate on the death of the representative; another member can be substituted.
Indigent Person:
- A forma pauperis (indigent person) can file a suit in indigent capacity under Order XXXIII of the Code.
Conclusion:
Order I, Rule 8 is mandatory and must be complied with for a suit to be considered representative. The decree in such a suit is binding on all members of the represented class. Notice, permission, and community of interest are crucial elements in establishing a representative suit.