When some persons represents another persons interested in filing a suit, it is called representative suit. When in a dispute several persons are interested, it can be agitated in a court of law by way of representative suit. This is dealt with under Order 1 Rule 8 of CPC. This rule is an exception to the general rule that all persons interested should be party to the suit.
As per Order 1 Rule 8 of CPC, where there are numerous persons having same interest in one suit, one or more of such persons may sue or be sued on behalf of all persons interested with the permission of the court.
There are certain things which must be needed for a representative suit. They are as follows:
1. There must be numerous number of parties
2. The interest of all parties must be the same
3. The court should give permission
4. Notice must be issued to proposed parties
The provision laid down in the law will save the precious time of the Court and cut down expense. The matter can be determined in a single trial. It may be clarified that the numerous persons may not have same cause of action or same transactions. What is required is the same interest between parties to the matter.
There are some other things also which can be noted. The further proceedings of representative suit is dealt with in Order 1 Rule 8 sub rules 2 to 6 of CPC. The Court shall give notice at the expense of the plaintiff to all interested persons. Any person who has an interest in the suit and on whose behalf or benefit the suit is instituted or defended may apply to make himself as a party to such suit. Any abandonment of claim in such suit, withdrawal and compromise has to be made known to the parties. The decree passed in a representative suit shall be binding on all persons.