Representative Suit

 Representative Suit

Order 1 Rule 8 of the Code deals with the representative suit which enables filing of a single suit on behalf of other persons interested in subject-matter of the suit. Thus, it is a rule of convenience enacted to avoid multiplicity of proceedings. General rule of litigation is that all persons interested in a suit must be joined as parties to it. Order 1 Rule 8 provide an exception to this general rule.

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. The concept of representative suit states 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 discretion from the court, sue or be sued on behalf of themselves.

Object: Object of this provision is to save time and expense, avoid multiplicity of suits and prevent harassment of parties. It is merely an enabling provision. It does not compel an individual to represent body of persons.

Conditions: Though not defined in the Code, 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.

For the rule to apply, the following conditions must be fulfilled:

(i) There must be numerous parties.

(ii) They must have same interest in the suit.

(iii) The permission must have been granted or direction must have been given by the court.

(iv) Notice must have been issued to the represented parties.

1. Numerous persons: This is the first requirements for filing representative suit under Rule 8. The term 'numerous' does not mean 'numberless'. It 'numerous' implies group of persons who can be defined sufficiently so as to enable the court to recognize all the participants in the suit. For example, a representative suit on behalf of villagers in reference to village property can be filed under this rule. [Hasan Ali v. Mansoor Ali, AIR 1948 PC 66].

2. Same interest: All concerned and represented in the suit must have same interest in the suit. It is not necessary that cause of action must be the same but their interest must be common or they all must have a common grievance [Explanation to Rule 8].

For example, A residential building was allotted to the applicants belonging to low-income group. After settlement of price, excess demand was made by the Board which was challenged by allottees. It was contended that such suit is not maintainable as separate demands notice were issued against each of the allottees giving arise to separate cause of action. However, the Supreme Court rejected the contention and held that suit was maintainable.

3. Permission or direction of court: The representative suit can be filed only if the court grants permission to sue or be sued on behalf of other or if the court itself directs two or more persons to sue or be sued in representative character. Such permission may be express or implied because no particular form has been given by the Code.

4. Notice: Since the judgment in a representative suit operates as res judicata and binds all the parties so represented [see Rule 8(6) r/w Section 11 Explanation VI], it is therefore necessary that notice shall be given to all such persons otherwise the decree will not bind them. Such notice can be made by personal service or if not so practicable, by public advertisement [Rule 8(2)]. It is the duty of the court to see that proper notices are issued which are sufficient to provide information to the persons interested in the suit.

Who many institute representative suit: A representative suit can be filed by one or more persons with the permission or direction of court. Rule 8(3) provides that a person may also apply to be added as a party after such suit is instituted in court. Rule 8(5) further provides that persons suing or defending must proceed with due diligence otherwise they will be removed as a party from such suit.

Abandonment or compromise: No abandonment or withdrawal or compromise can be made in a representative suit unless:

(i) The court has given notice to all persons interested in the suit [Rule 8(4)]; and

(ii) The court has granted leave to compromise such suit [Order 23 Rule 3B].

In order to compromise in a representative suit, it is necessary to obtain leave of the court. Before the grant of leave, the court has to give notice in such manner as it may think fit to such persons as may appear it to be interested in the suit.