Monday, May 27, 2024

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CPCMODEL ANSWER

REPRESENTATIVE SUIT

What is a representative suit?

According to Indian Justice System, it is a general rule that if right of any person has been violated by another person then the former person can file a suit against latter person or if more than one party is interested in a suit then they all can be joined in one suit. The main object behind joinder of parties is to avoid multiplicity of proceedings and to save public money and time. But Rule 8 of Order 1 of Code of Civil Procedure, 1908, is an exception of this general rule. This Rule 8 deals with the provisions of Representative suit and according to this rule if various parties are interested in one suit then one or more of them can file a suit on behalf of themselves and others and decree passed in this suit is applicable upon all the persons who are interested in suit even if they are not made party in the suit.

According to Rule 8 of Order 1 of Code of Civil Procedure, 1908, if there are numerous persons who have same interest in one suit then out of them one or more persons can after taking permission from the court file a suit on behalf of themselves and other persons who are interested in a suit or defend the suit on behalf of themselves and other persons who are interested in a suit. Moreover, according to this provision, if court itself feels that there are numerous parties who have same interest in a suit then it can direct one or more persons to file a suit or defend the suit on behalf of themselves and other persons who are interested in the suit.
The main object of Order 1 Rule 8 of Code of Civil Procedure, 1908, is
โ€ข To save public money and precious time
โ€ข To ensure a single comprehensive trial of questions in which numerous persons are interested
โ€ข To avoid harassment to parties by a multiplicity of suits

In the leading case of T.N. Housing Board v. T.N. Ganapathy, AIR 1990 SC 642, the Honโ€™ble court held that in cases where 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 decision of a common question, Order 1 Rule 8 has come to be enacted.
According to the provisions of Rule 8 of Code of Civil Procedure, 1908, if court has given permission or directed to file a suit or defend the suit on behalf of themselves and other persons who are interested in suit, the notice must be given to all the interested persons at the expense of plaintiff. Notice may either be served personally or if there are huge number of parties and it is not practical to serve the notice personally then in such case, it must be served by public advertisement.

According to the provisions of Rule 8, if parties want to file a representative suit then some basic conditions have to be fulfilled and these conditions are:-

  1. There must be numerous parties
  2. They must all have same interest in the suit
  3. The court must give permission or direction to institute a suit
  4. Notice must be given to all the persons who are interested in a suit
    According to the provisions of Rule 8 of Code of Civil Procedure, 1908, if any person who is interested in a suit and on whose behalf suit has been instituted wants to be a party in suit then he can apply for it and if court thinks that it would not cause injustice to any party and would not delay the proceedings of the court then the court will make him a party in suit. Moreover, if any person who is a party in a suit is not proceeding with due diligence then in such case the court may replace him with another person who is interested in a suit and wants to be a party in a suit.
    If a representative suit has been filed then after this no part of claim can be abandoned and no compromise can be made and no suit can be withdrawn by the parties. If the parties want to abandon any part of claim or make a compromise or withdraw the suit then they have to file an application before the court and notice regarding this will be served to all the persons who are interested in the suit at plaintiffโ€™s expense. Then, if all the persons interested agree to do such things, the court will allow to do it otherwise the court will reject the application.
    According to the provisions of Code of Civil Procedure, 1908, Rule 8 is mandatory and must be complied with. If the parties want to file a representative suit then they will have to comply with the provisions of Rule 8. If they do not comply with the provisions of Rule 8 then the suit will not be maintainable.
    In the leading case of Forward Construction Co. v. Prabhat Mandal (Regd.), AIR 1986 SC 391, the Honโ€™ble court held that if all the conditions of Rule 8 have been complied with then any decree that may be passed in the suit will be binding upon all the persons who are interested in suit, unless such decree has been obtained by fraud or collusion.

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