Civil Procedure Code,

1908
Representative Suit
Amit Pratap Singh
Assistant Professor in Business Laws
 Representative suit

• Order -1 Rule- 8 C.P.C. provides an exception to general rule that

all interested persons should be made parties to the suit.

• In a case where there are numerous persons having same interest

in one suit, the rule enables a party to represent such numerous
persons in common cause of action.
• Rama Seshiah Vs. M.Ramayya, AIR 1957 AP 946
 Representative suit

• Meaning: Representative Suit may be defined as under :

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

• The essential conditions for application of this rule are –

• (i) the parties are numerous,
• (ii) they have same interest,
• (iii) necessary permission be obtained and
• (iv) notice must be given or published as mentioned in the rule.

• The Rule 8 applies only to the representative suits.

 Representative suit: Object

• The object underlying this provision is really to facilitate the

decision of questions in which a large number of person are
interested without recourse to the ordinary procedure. 

• Order I rule 8 of the code has been framed in order to save time
and expense, to ensure a single comprehensive trial of questions
in which numerous persons are interested and avoid harassment
to parties by a multiplicity of suits .
 Representative suit: Object

• In cases where the common right or  interest of a community or

members of an association for large sections is involved,  there
will be insuperable practical difficulties in the institution of suits
under the ordinary procedure, where  each individual has to
maintain and action by separate suit.
• To avoid numerous suits being filed or for decision of a common
question , Order 1 rule 8 has come to be enacted.
• The provision therefore should  receive liberal interpretation, 
which will subserve the object of its enactment.
 Representative suit

• The rule is an enabling provision and neither compels anyone to

represent many if, by himself, he has a right to suit nor vest a right
of suit in a person and if he, by himself, has no right to sue, he
cannot proceed to sue on behalf of others by invoking the aid of
Order 1 Rule 8 C.P.C.
 Who may sue or defend in Representative
Capacity

• 1) Where there are numerous persons having the same interests

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.
 Who may sue or defend in Representative
Capacity

• 2) The Court shall, in every case where a permission or direction

is given under Sub-rule (1), at the plaintiff expense, give notice of
the institution of the suit to all persons so interested, either by
personal service, or, where, by reason of number of persons or
any other cause, such service is not reasonably practicable, by
public advertisement, as the Court in each case may direct.
 Who may sue or defend in Representative
Capacity

• No part of the claim in any such suit shall be abandoned under Sub-
rule (1) and no such suit shall be withdrawn under Sub- rule (3) of
Rule (1) of Order XXIII, Le. Order 23, Rule 1 (3), and no agreement,
compromise or satisfaction shall be recorded in any such suit under
Rule (3) of that Order, unless the Court has given, at the plaintiff's
expense, notice to all persons so interested in the manner specified
in sub-rule (2).
 T. N Housing Board vs Ganapathy,1990
• In this case residential building we are allotted by the housing
board to the applicants who belongs to the low income group.
• After settlement of price excess demand was made by the board.
• The allottees challenged the demand by filing suit in a
representative capacity.
• It was contended that such a suit in a representative capacity was
not maintainable as separate demand notice were issued against
each of the allottees, given rise  to separate causes of action.
• Negativing  the Contention  the Supreme court held that all of them
had the same interest and therefore the suit was maintainable.
Difference between PIL & Representative Suit
 Representative Suit & Class Action
• Black's Law Dictionary, Eighth Edition, page 267, defines a class
of actions as:
• "A lawsuit in which the court authorizes a single person or a
small group of people to represent the interests of a larger group,
specifically a lawsuit in which the convenience either of the
public or of the interested parties requires that the case be settled
through litigation by or against only a part of the group of
similarly situated persons and in which a person whose interests
are or may be affected does not have an opportunity to protect his
or her interests by appearing personally or through a personally
selected representative, or through a person specially appointed
to act as a trustee or guardian."
 Representative Suit & Class Action

• Class action is restricted to interpretation of written instruments,

statutes, administration of estates, property subject to trust,
customary, family or communal property, whereas a representative
suit on the other hand, may be brought on any cause of action.

• Class members may not be identifiable and ascertainable in a class

of action, but interested persons are ascertainable in a
representative Suit.
 Representative Suit & Class Action

• In class actions, members are only to have interest whereas in

representative actions, members must have same interest.
 Representative Suit & Class Action

• A judge is empowered to appoint one or more persons to represent

a person or class or members of the class in instances where a judge
is satisfied that a person, the class or some members of the class
interested cannot be ascertained, the person, the class or some
members of the class interested, cannot be found, the person, class
and the members thereof cannot be ascertained and be found...