Write a short note on Representative Suit

Question: Write a short note on Representative Suit.

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Answer

A “representative suit” may be defined as under:

“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.”

As a general rule, all persons interested in a suit ought to be joined as parties to it, so that the matters involved therein may be finally adjudicated upon and fresh litigations over the same matters may be avoided. Order 1 Rule 8 is an exception to this general principle.

It provides that when there are a 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. The plaintiff in a representative suit need not obtain the previous consent of the persons whom he seeks to represent. The rule as enacted in Order 1, rule 8 is a rule of convenience and is based on reason and good policy and saves trouble and expense which would otherwise have to be incurred in such cases.

The suit contemplated by this section is a representative one that is a suit that individuals prosecute not for their own interest but as representative of the general public. A representative suit binds not only the parties in the suit but also those who share a common interest and are interested in the trust.

A suit, whether under Section 92 or Order I rule 8 is by the representatives of a large number of persons who have a common interest as observed in R Venugopal Naidu v. VN Charities, AIR 1990 SC 444 (447). In order that rule 8 may apply, the following conditions must be fulfilled:

• The parties must be numerous;
• They must have the same interest in the suit. An interest merely as a member of the public is not sufficient interest for the purpose of this rule.
• The Court’s permission must be obtained and
• The notice must be given to the parties whom it is proposed to represent in the suit.

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