Representative - Suit - Rare - Suit...

In civil practice representative suit is a rare suit which may be filed under Rule 8 of Order 1 of C.P.C.1908

- One or more persons may file a representative suit in which they have same interest in one suit.

- A representative suit may be filed with the permission of the court & such permission may be taken before or after filing of suit.

- In representative suit court may direct one or more persons to defend such suit on behalf of or for benefit of all persons who are interested.

- In representative suit court shall direct the plaintiff to give notice of institution of representative suit to all interested persons either by personal service or by reason of number of persons or other cause personal service is not practicable by public advertisement of such notice.

- A person on whose behalf or for whose benefit suit is instituted may apply to court to made party to suit.

- In representative suit claim shall not be abandoned or no compromise shall be recorded under order 23 of C.P.C. unless at the expenses of plaintiff notice as above to all interested persons given.

- If plaintiff or defendant in representative suit does not proceed or defend suit with due diligence then Cort may substitute others person having same interes in suit in the place of plaintiff or defendant as required.

- Decree passed in representative suit is binding on all persons on whose behalf or whose benefit suit is instituted or defended.

- Representative suit  would not abate if one of plainff dies & his heirs are not brought on record.

- In representative suit a person or body of persons interested in any question of law which is issue in the suit may be permitted to take part in the proceeding of suit.

....... Relevant Judgement....

1) Ramchandra Krishna Yadav v/s Sakharam Gangaram Mali 1996(1) Bom.C.J.311

2) A.I.R.1990 S.C.396

3) A.I.R. 1990 S.C. 642

4) A.I.R.1984 S.C. 468

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