What is a representative suit? Discuss in detail its various aspects.

Question: What is a representative suit? Discuss in detail its various aspects. [UPCJ. 2018]

Find the answer to the mains question only on Legal Bites. [What is a representative suit? Discuss in detail its various aspects.]

Answer

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. 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.

Definition

Thus, 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.”

Object

The object underlying this provision is really to facilitate the decision of questions in which a large number of persons are interested without recourse to the ordinary procedure. Kadia Goundar v. Velandi Goundar [AIR 1955 Mad 281]

Order 1 Rule 8 of the Code has been framed in order to save time and expense, to ensure a single comprehensive trial of question in which numerous persons are interested, and to 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 or 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 an action by a separate suit.

To avoid numerous suits being filed for the decision of a common question, Order 1 Rule 8 has come to be enacted. The provision, therefore, should receive a liberal interpretation that will subserve the object of its enactment. T.N. Housing Board v. T.N. Ganapathy [(1990) 1 SCC 608]

To bring a case within the provisions of Order 1 Rule 8 of the Code all the members of a class should have a common interest in a subject matter and a common grievance and the relief sought should, in its nature, be beneficial to all.

Order 1 Rule 8 of the Code is an enabling provision and does not compel anyone to represent many if, by himself, he has a right of the suit. The rule does not vest a right of suit in a person and if he, by himself, has no right to sue, he cannot proceed to sue on behalf of others by invoking the aid of Order 1 Rule 8 of Code.

At the same time, Order 1 Rule 8 of the Code does not debar a member of the village community from maintaining a suit in his own right in respect of a wrong done to him through the act complained of may also be injurious to some other villagers. T.N. Housing Board v. T.N. Ganapathy [(1990) 1 SCC 608]

Enabling provision

Order 1 Rule 8 of the Code is merely an enabling provision. It, however, does not compel an individual to represent the body of persons having the same interest if his action is otherwise maintainable without joining the rest in the suit. In other words, it does not debar a member of a community from maintaining a suit in his own right in respect of a wrong done to him. It is also not exhaustive in nature.

Conditions

For the rule to apply, the 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 by the court; and
4. Notice must have been issued to the parties whom it is proposed to represent in the suit.

The scheme of filing a representative suit thus indicates a four-dimensional movement

1. action by one party called plaintiff against opposing party called defendant;
2. a matter said to be in dispute;
3. cause of action; and
4. legal relief. Municipal Council, Amravati v. Govind Vishnu Sarnaik [AIR 1976 Bom, 401]

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X