Representative suit
Rahul Kumar
(Querist) 25 August 2011
This query is : Resolved
What will be the effect of a representative suit without taking leave of the court?
Guest
(Expert) 25 August 2011
Representative suit can only be filed with leave of the court.
Order 1 Rule 8 of the CPC, which deals with the concept of representative suits.
Where there is a matter which affects a large number of people such that they are all affected in the same prejudicial manner, and they can all have a common interest from the matter under which they can all go individually to the court, then due to the fact that such a large number of persons are affected and the fact that a large number of them might not be in a position to approach the court, the courts permit a person or a group of persons to represent the larger group so that the matter can be decided at a single stroke and at the same time no one goes unheard due to the fact that all the affected parties are represented in the suit.
For example Nuisance,it would not be necessary for all of them to file separate suits . Any one of them could represent the views of all of them and the suit could be maintained.
For such a suit these conditions must require;
1. The parties must be many.
2. Parties must have the same interest in the suit.
3. Notice must be issued to the parties .
4. The permission of the court must necessary.
