Monday 29 April 2019

Notes on Representative suit under O 1 R 8 of CPC

A representative suit is a suit filed by or against one or more parties on behalf of themselves and others having same interest in the suit.

 O 1 R 8 of CPC: One person may sue or defend on behalf of all in same interest -

1) Where there numerous persons having the same interest in one suit -
a) one or more of such persons may with the permission of court may sue or defend such suit on behalf of or for benefit of all persons so interested;
b) Court may give direction to sue or defend in representative capacity.
2) Court shall give direction for issuing notices to all interested persons either by personal service or by paper publication.
3) Interested party may apply to be made party in the suit.
4) Notice to be issued to all interested party -
a) before abandonment of part of claim in suit;or
b) before withdrawal of suit;or 
c) compromise of suit.
5) person can be substituted by court  if he is not proceeding or defending suit with due diligence.
6) Decision given in this suit is binding on all interest parties.
Explanation:- parties should have same interest in suit even if cause of action is not same.

Read important Judgments on Representative suit: Click here

O 23 R 3-B of CPC:- No agreement or compromise to be entered in a representative suit without leave of court.
1) compromise entered into without leave of court shall be void.
2) before granting leave, court should issue notice to interested persons.
Explanation:- In this rule representative suit means-
a) A suit U/S 91 of CPC or S 92 of CPC,
b) A suit Under O 1 R 8 of CPC.
c) suit in which manager of HUF sues or sued as representative of other member of family.
d) any other suit in which decree is binding on person who is not named party to suit.
O 33 R 1 of CPC:- Suits may be instituted by indigent persons-
Explanation 3 - Where plaintiff sues in a representative capacity, the question whether he is an indigent person shall be determined with reference to means possessed by him in such capacity.
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