LR In rep suit

Respected Sir,

To answer your question first, Yes, a legal representative in a representative suit can be substituted from both sides that is plaintiff or defendant.

 A Representative Suit basically means a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

Order 1 Rule 8 of the Code of Civil Procedure 1908 says;

1. Where there are numerous person having the same interest in one suit- a)  one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested; b)  the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.

In a Representative Suit Sir, the representatives can be substituted,

Sub-rule 5 of the Rule 8 says that, where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit.

In the case of Ram Kumar Vs. Jiwanlal AIR 1960 MAD 288, it was said that, a Representative suit does not abate on the death of the representative as he or she can be substituted by another member of the plaintiff or defendant.

I hope I was able to help. However, this answer is purely based on internet research. So, for more clarity and assurance please consult a lawyer.

Regards

Arpita Chauhan

Law Student