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Understanding Representative Suits in CPC

This document is a rough draft submitted by Amrita Choudhary for a course on representative suits under the Code of Civil Procedure. It introduces the topic of representative suits under Order 1 Rule 8, which allows one or more persons to file suit on behalf of a group that shares the same interest. There are four key conditions for a representative suit: the parties must be numerous, they must have a common interest or community of interest, permission from the court is needed, and notice must be provided to all interested persons. The draft outlines the objectives, hypothesis, research method, and tentative chapter outline for the project, and lists primary and secondary sources to be used.

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Ashutosh Kumar
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579 views3 pages

Understanding Representative Suits in CPC

This document is a rough draft submitted by Amrita Choudhary for a course on representative suits under the Code of Civil Procedure. It introduces the topic of representative suits under Order 1 Rule 8, which allows one or more persons to file suit on behalf of a group that shares the same interest. There are four key conditions for a representative suit: the parties must be numerous, they must have a common interest or community of interest, permission from the court is needed, and notice must be provided to all interested persons. The draft outlines the objectives, hypothesis, research method, and tentative chapter outline for the project, and lists primary and secondary sources to be used.

Uploaded by

Ashutosh Kumar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Hypothesis
  • Introduction
  • Objectives
  • Bibliography
  • Mode of Research
  • Tentative Chapterisation

REPRESENTATIVE SUITS

SUBMITTED BY-
AMRITA CHOUDHARY, B.A., LL.B.(HONS.)
(5th Semester), (Roll No.- 2111)
SUBMITTED TO-
DR. MEETA MOHINI
(Guest Faculty Law)
This rough draft is submitted in partial fulfilment in C.P.C. and Law of Limitation
for the completion of B.A., LL.B.(Hons.) course.

JULY 2021
CHANAKYA NATIONAL LAW UNIVERSITY,
PATNA.

1
INTRODUCTION
Order I Rule 8 of the Code of Civil Procedure, 1908 deals with representative suit. It reads as
“One person may sue or defend on behalf of all in same interest”. A representative suit is a
suit that is filed by one or more persons on behalf of themselves and others having same
interest in the suit. The general rule is that all persons interested in a suit ought to be joined as
parties to it. Rule 8 forms an exception to this general rule. The rule enacted is foe
convenience based on reason and good policy as it saves from expense and trouble which
would otherwise have to be incurred in such cases.

The object of the rule is to afford convenience in suits where there is community interest
among large number of persons so that a few should be allowed to represent. In other words,
the object for which this provision is made is really to facilitate the decision of question in
which a large body of persons are interested without recourse to ordinary procedure
otherwise there will be inseparable practical difficulty in the institution of suits, where each
individual has to maintain an action by a separate suit.

There are basically four essential conditions for a party to institute a representative suit which
can be derived from the provision of Rule 8, they are:

1. The parties are numerous.


2. Same interest or community of interest.
3. Necessary permission of the court has been obtained.
4. Notice to all the persons interested in the suit.

OBJECTIVES
 To analyse representative suits.
 To analyse different conditions under which a party can institute a representative suit.
 To analyse the provisions regarding the representative suits.

HYPOTHESIS
The researcher has formulated the hypothesis that there are different conditions under which
a party can institute a representative suit.

2
MODE OF RESEARCH
The researcher has relied upon the Doctrinal method of research for the completion of this
project.

TENTATIVE CHAPTERISATION
1. INTRODUCTION.
2. ORDER I RULE 8 OF C.P.C., 1908.
3. ANALYSING CONDITIONS UNDER ORDER I RULE 8.
4. CASE LAWS BASED ON ORDER I RULE 8.
5. CONCLUSION.

BIBLIOGRAPHY
Primary Sources: Books and Bare Act.

1. C.K. Takwani’s Civil Procedure with Limitation Act, 1963. Eighth Edition, published
by Eastern Book Company Pvt. Ltd.
2. B. M. Prasad & S. K. Sarvaria, Mulla’s Code of Civil Procedure (17th ed., 2007).
3. The Code of Civil Procedure, 1908 (Bare Act).

Secondary Sources: Materials Available on the internet.

REPRESENTATIVE SUITS SUBMITTED BY- AMRITA CHOUDHARY, B.A., LL.B.(HONS.) (5th Semester), (Roll No.- 2111) SUBMITTED TO- DR. ME
INTRODUCTION Order I Rule 8 of the Code of Civil Procedure, 1908 deals with representative suit. It reads as “One person may
MODE OF RESEARCH The researcher has relied upon the Doctrinal method of research for the completion of this project. TENTATI

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