Code of Civil Procedure, 1908

Institution of Suit

Introduction

Sections 26 to 35-B, along with Orders I to XX of the First Schedule of the Code of Civil Procedure
(CPC), outline the procedural framework for suits. This includes various rules and guidelines for
conducting legal proceedings. Orders I, II, and IV specifically address the parties involved in a suit,
the framing of suits, and the institution of suits respectively. These sections ensure that legal
proceedings are carried out systematically and that all necessary parties and claims are included
from the beginning.

Meaning of "Suit"

The term "suit" is not explicitly defined within the CPC. However, it is understood to be a broad
term encompassing any legal proceeding initiated by one or more persons against another in a
court of law. According to general dictionary definitions, a "suit" refers to any legal action where
the plaintiff seeks to remedy an injury or enforce a right, whether through legal or equitable
means.

In everyday language, a "suit" includes all proceedings of a judicial or quasi-judicial nature where
disputes between aggrieved parties are resolved by an impartial forum. This includes civil
proceedings that typically begin with the filing of a plaint (a formal written complaint).

Sections 26 to 35-B: These sections cover the initiation, conduct, and conclusion of suits, including
the procedures for filing a plaint, issuing summons, presenting evidence, and passing judgments.
Order I deal with the parties to a suit, including plaintiffs and defendants, and rules regarding
their inclusion or exclusion. Order II addresses the framing of suits, ensuring all related claims are
included to prevent multiple litigations on the same issue. Order IV pertains to the institution of
suits, covering the formal requirements for filing a plaint and commencing legal proceedings.

"Suit" is a broad term that applies to any legal action taken to resolve disputes or enforce rights.
In a legal term, a suit involves the plaintiff pursuing resolution for grievances against the
defendant. This process includes filing a plaint, serving notices, conducting hearings, presenting
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 Code of Civil Procedure, 1908
evidence, and ultimately obtaining a judgment. The term encompasses proceedings in both
judicial (court of law) and quasi-judicial (administrative or regulatory agencies) forums, where
impartial adjudication of disputes takes place. Understanding the procedural framework and the
broad definition of "suit" helps parties navigate the legal system effectively. It ensures that all
necessary steps are taken and all relevant parties are included from the outset. Proper framing
and institution of suits as per the CPC provisions prevent multiplicity of legal actions, promoting
judicial efficiency and reducing the burden on courts. Sections 26 to 35-B and Orders I to XX of
the CPC provide a detailed procedural framework for suits, covering everything from the inclusion
of parties to the institution and conduct of suits. The term "suit," while not explicitly defined in
the CPC, is broadly understood to encompass any legal proceedings aimed at resolving disputes
or enforcing rights. Proper adherence to these procedural guidelines ensures efficient and
effective resolution of legal disputes.

Essentials of a Suit

When initiating a civil suit, certain fundamental elements must be present to form a valid suit.
These essentials are crucial for the proper adjudication of legal disputes.

Opposing Parties

A civil suit must involve at least two parties: the plaintiff and the defendant. The plaintiff is the
individual or entity that initiates the suit, seeking legal redress for a grievance. The defendant is
the party against whom the suit is filed, alleged to have caused the injury or harm. In a breach of
contract case, the business that claims the contract was breached would be the plaintiff, while
the business or individual accused of breaching the contract would be the defendant.

Subject-Matter in Dispute

This refers to the specific issue or matter that the court is to adjudicate upon. It is the central
focus of the suit and involves the facts, circumstances, and issues in fact that need adjudication.
Example: In a property dispute, the subject-matter would be the ownership and rights related to
the particular piece of property in question.

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 Code of Civil Procedure, 1908
Cause of Action

The cause of action is the basis upon which the plaintiff brings the suit. It consists of the set of
facts or legal grounds that give the plaintiff the right to seek judicial relief. Without a valid cause
of action, the suit cannot proceed further.

Example: If an individual files a suit for negligence, the cause of action would include the duty of
care owed by the defendant, the breach of that duty, and the resulting harm suffered by the
plaintiff.

Relief

Relief refers to the remedy or compensation sought by the plaintiff from the court. This could be
in the form of monetary damages, specific performance, an injunction, or any other legal remedy
appropriate to the case.

Example: In a personal injury case, the relief might include compensation for medical expenses,
lost wages, and pain and suffering.

To initiate a valid lawsuit, four essentials must be present:

1. Opposing Parties: The plaintiff and defendant, who are the main entities involved in the
dispute.
2. Subject-Matter in Dispute: The core issue or matter that the court needs to resolve.
3. Cause of Action: The legal grounds upon which the suit is based, establishing the plaintiff's
right to seek relief.
4. Relief: The specific remedy or compensation sought by the plaintiff.
These elements are fundamental to ensuring that the legal process addresses and resolves the
disputes effectively and justly.

Who May File a Suit

The Code of Civil Procedure (CPC) outlines who is eligible to file a suit. Generally, any person who
has a legal right that needs enforcement or who has suffered a legal injury can initiate a lawsuit.

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 Code of Civil Procedure, 1908
The fundamental requirement for filing a suit is that the person must have a legal right that is
being infringed or must have suffered a legal injury. This could involve property disputes, contract
breaches, personal injury, etc. Example: If an individual's property is encroached upon, they have
the legal right to file a suit for eviction and protection of their property rights.

Categories of Plaintiffs

Individuals: Any individual who has a cause of action can file a suit. This includes both natural
persons (individuals) and legal persons (entities such as corporations).

Natural Persons: Individuals who seek legal redress for personal legal injury.

Legal Persons: Companies, trusts, and other organizations with legal standing to sue or be sued.

Minors and Persons of Unsound Mind: These individuals can also file suits, but they must do so
through a legal representative such as a guardian or next friend.

Guardian ad Litem: For minors or those unable to represent themselves, a guardian ad litem is
appointed to act in their best interest during litigation.

Government and Public Authorities: The state or any public authority can file a suit to enforce
public rights or to address public injuries.

Government: Suits by the government might involve tax collection, regulatory enforcement, or
actions to protect public property.

Organizations and Associations: Entities such as non-profit organizations can file suits, especially
when the suit pertains to the collective rights of their members.

NGOs: Non-Governmental Organizations (NGOs) might file suits for environmental protection or
human rights enforcement.

Representative Suits

When multiple individuals have the same interest in a matter, a representative suit may be filed
by one or more individuals on behalf of all interested parties. Example: A group of employees

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 Code of Civil Procedure, 1908
may file a representative suit for unpaid wages, representing all affected employees. Order I Rule
8 CPC: This rule permits one or more persons to sue or be sued on behalf of numerous persons
having the same interest in the matter (representative suits). The plaintiff must prove that they
have a direct interest in the subject matter of the suit. Courts require clear evidence of the
plaintiff's right or injury. Legal provisions ensure that only those with legitimate grievances can
file suits, preventing the courts from being clogged with unnecessary litigation. Individuals who
cannot represent themselves due to age, mental incapacity, or other reasons must have a legal
representative to act on their behalf. Companies and organizations often act through authorized
agents or legal representatives.

Any person or entity with a legal right that needs enforcement or who has suffered a legal injury
may file a suit. This includes individuals, legal entities, minors and persons of unsound mind
(through representatives), government bodies, and organizations. Representative suits can also
be filed on behalf of multiple parties sharing the same interest. Proper legal standing and
representation are essential for initiating a valid suit.

Parties to Suit: Order I

Order I CPC, outlines the rules regarding the parties involved in a lawsuit, ensuring that all
necessary parties are included and properly represented in the proceedings.

Order I specifies the guidelines for determining who can be parties to a suit, ensuring that all
relevant individuals or entities are included to provide a comprehensive resolution to the dispute.
It covers both plaintiffs (those who initiate the suit) and defendants (those against whom the suit
is filed).

Addition, Deletion, and Substitution of Parties

New parties can be added to the suit if their presence is necessary for effectively resolving the
issue at hand. Parties can be removed if their involvement is deemed unnecessary or irrelevant
to the resolution of the dispute. Parties can be substituted, for example, if an original party passes
away or is no longer able to participate in the suit.

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 Code of Civil Procedure, 1908
Joinder, Misjoinder, and Non-Joinder of Parties

Joinder of Parties: This allows multiple parties to join together in a single suit if they share a
common interest or the claims arise from the same transaction or series of transactions.
Misjoinder occurs when parties who do not have a common interest or are irrelevant to the
issue are wrongly included in the suit. Non-Joinder occurs, when necessary, parties who should
be part of the suit are omitted. This can be rectified by adding the necessary parties to ensure a
fair trial.

Objection to Misjoinder and Non-Joinder

Parties can raise objections if they believe there is a misjoinder or non-joinder. The court then
decides whether to add or remove parties to ensure that the suit addresses all relevant issues
and parties.

Joinder of Causes of Action

Order I also deal with the joinder of causes of action, allowing multiple claims arising from similar
circumstances to be brought together in one suit. This ensures efficiency and avoids multiple
suits.

Representative Suits

Provisions are made for representative suits, where one or more parties litigate on behalf of a
larger group with a common interest. This prevents the need for numerous individual suits and
ensures collective legal action.

Order I of the CPC lays out the essential rules for determining who can be parties to a suit. It
includes guidelines for adding, deleting, and substituting parties, as well as addressing issues of
joinder, misjoinder, and non-joinder. It also covers the joinder of causes of action and provides
for representative suits to efficiently handle cases involving multiple parties with a common
interest.

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 Code of Civil Procedure, 1908
Joinder of Parties

This concept addresses when and how multiple parties can be joined together in a single suit,
whether they are plaintiffs or defendants. The joinder of parties ensures that all parties involved
in a dispute are included in the litigation, promoting comprehensive and efficient resolution of
the issues.

When an act is committed by a single party and affects another single party, there is no need for
joinder of parties. The dispute is straightforward and involves only two parties.

Example: If A assaults B, B can sue A individually for the tort of assault. This case involves a direct
conflict between A and B, with no need to involve additional parties.

Joinder of Parties where there are more than one parties

Joinder of parties becomes relevant when an act involves or affects multiple parties. This is
necessary to ensure that all parties involved in the incident or affected by it are included in the
legal proceedings.

Example: If A assaults both B and C, or if A and B jointly assault C, the question of joinder arises.
In the first scenario, B and C might join as plaintiffs to sue A. In the second scenario, A and B might
both be joined as defendants in C's lawsuit.

Types of Joinder

1. Joinder of Plaintiffs
Multiple parties can join as plaintiffs in a single suit if they have a common interest or the
cause of action arises out of the same transaction or series of transactions.
Example: If several tenants sue their landlord for breach of contract due to the same issue
(e.g., lack of maintenance), they can join together as plaintiffs because their claims are
connected by the same underlying facts.

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 Code of Civil Procedure, 1908
2. Joinder of Defendants
Multiple defendants can be joined in a single suit if their alleged liability arises from the
same transaction or event.
Order I of the CPC provides the rules for joinder of parties

ORDER I: Parties to Suits

1. Who may be joined as plaintiffs. —All persons may be joined in one suit as plaintiffs where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact would arise.
3. Who may be joined as defendants. —All persons may be joined in one suit as defendants where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist against such persons, whether jointly, severally or in the alternative;
and
(b) if separate suits were brought against such persons, any common question of law or fact would arise.

Rule 1 allows multiple plaintiffs to join in a single suit if they assert any right to relief arising out
of the same transaction or series of transactions. Rule 3 allows multiple defendants to be joined
if the right to relief against them arises out of the same transaction or occurrence.

Joinder of parties allows the court to address all related issues in a single proceeding, avoiding
multiple lawsuits and conflicting judgments. It reduces litigation costs and time for all parties
involved, as they do not have to participate in separate legal actions.

The concept of joinder of parties addresses the inclusion of multiple plaintiffs or defendants in a
single lawsuit. It arises when an act involves or affects multiple individuals, ensuring
comprehensive resolution of related issues. Joinder of plaintiffs occurs when they share a
common interest or cause of action, while joinder of defendants is based on common liability.
Legal provisions under Order I of the CPC guide this process, promoting judicial efficiency and
cost-effective litigation.

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 Code of Civil Procedure, 1908
Joinder of Plaintiffs and Defendants under Rules 1 and 3 CPC

Joinder of Parties: Rules 1 and 3, Order I under the Code of Civil Procedure (CPC) provide the
guidelines for joining multiple plaintiffs or defendants in a single suit. The primary objective of
these rules is to avoid multiple lawsuits, which can lead to unnecessary expenses and delay in
justice.

Joinder of Plaintiffs (Rule 1)

Conditions

(i) All plaintiffs must allege that their right to relief arises from the same act or
transaction.
(ii) The case must involve common questions of law or fact that would arise if separate
suits were brought by the plaintiffs.

The word "and" between the conditions signifies that both conditions must be met for plaintiffs
to be joined in one suit. This rule aims to prevent the filing of multiple, separate suits that would
all involve similar issues, thereby reducing litigation costs and saving court resources.

Example: If several farmers sue a company for polluting a river that they all use for irrigation, they
can join together as plaintiffs since their right to relief arises from the same act (pollution) and
there would be common questions of law or fact if they filed separate suits.

Joinder of Defendants (Rule 3)

Conditions

(i) The relief sought against the defendants must arise out of the same act or transaction.
(ii) The case must be such that, if separate suits were brought, any common question of
law or fact would arise.
The conjunction "and" means both conditions must be satisfied for defendants to be joined in
one suit. This rule also aims to avoid multiple suits, which could lead to contradictory judgments
and increased legal costs.

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 Code of Civil Procedure, 1908
Illustration

1. A collision occurs between a bus owned by B and a car owned by C, injuring a passer-by, A. A
can join B and C as defendants in a single suit for damages, as the case involves common
questions of fact arising out of the same collision.
2. During an altercation, B and C jointly assault A. A can sue both B and C in one suit for damages,
as the cause of action arises out of the same incident and involves common questions of fact.
3. If there are distinct contracts with separate parties, such as B, C, D, and E each separately
contracting to supply goods to A, and they all fail to deliver, A cannot join them in one suit.
Each contract represents a different transaction.
If a plaintiff is unsure who among several parties is liable, they may join all potential defendants
in one suit. The court can decide who is responsible. If the joinder of parties might cause
embarrassment or delay the trial, the court can order separate trials to ensure efficient and fair
proceedings. The court may issue judgments that provide relief to some plaintiffs against some
defendants, depending on the findings of the case.

Rules 1 and 3 of the CPC provide detailed guidelines for the joinder of plaintiffs and defendants.
The primary goal is to avoid multiplicity of suits and unnecessary expenses. For plaintiffs to be
joined, their claims must arise from the same act and involve common questions of law or fact.
For defendants, the same conditions apply. This framework ensures judicial efficiency and
consistent resolutions of disputes.

Necessary and Proper Parties in a Suit

There is a crucial distinction between necessary and proper parties in a suit. Understanding these
differences helps ensure that all relevant parties are included in the litigation, facilitating a
comprehensive and fair resolution of the dispute.

Necessary Parties

A necessary party is one whose presence is essential for the adjudication of the suit. Relief is
specifically sought against them, and no effective court order or decree can be passed without

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 Code of Civil Procedure, 1908
their participation. Without the necessary party, the court cannot effectively adjudicate the
matter, making their participation crucial.

Example: In a suit for partition of property, all co-owners (sharers) are necessary parties because
the court needs their presence to divide the property equitably.

If a public auction of property is contested, the purchaser of the property is a necessary party to
any suit seeking to set aside the auction. In a challenge to selection and appointment by an
authority, the candidates who have been selected and appointed are necessary parties because
the relief sought directly affects them.

Proper Parties

A proper party is someone whose presence, while not essential for passing an effective order, is
necessary for a complete and final decision on the matter. Their involvement ensures the court
can adjudicate more thoroughly and comprehensively. Proper parties help the court address all
related issues and interests more completely, although a decree can still be passed in their
absence.

Examples: In a landlord's suit for possession against a tenant, a subtenant is a proper party. While
the main relief can be granted without their direct involvement, their presence helps the court
understand the full scope of the tenancy arrangement.

Family Partition: In a suit for partition by sons against their father, the grandsons are proper
parties because their presence aids in a complete resolution, although the primary decree can be
issued without them.

Land Acquisition: In land acquisition proceedings, the local authority for whose benefit the land
is being acquired is a proper party as their presence aids in a thorough adjudication.

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 Code of Civil Procedure, 1908
Tests to Determine Necessary Parties

1. Right to Relief
There must be a right to some relief against the party in respect of the matter involved in
the proceeding. This means the party's involvement directly impacts the relief sought.
2. Effectiveness of Decree
It should not be possible to pass an effective decree without the party's involvement. Their
presence is indispensable to achieving the desired legal outcome.
Additional Considerations

Rule 8 of Order 1 of the CPC provides that in cases involving multiple interested parties, it is
sufficient to include some of them as plaintiffs or defendants. This ensures that the suit can
proceed without the need to join every single person with an interest in the matter. Properly
identifying and including necessary and proper parties prevents the need for multiple suits,
thereby promoting judicial efficiency and avoiding inconsistent judgments.

Necessary parties are those without whom no effective court order can be passed, as their
involvement is crucial to the relief sought. Proper parties, while not essential for an effective
decree, help ensure a comprehensive and final decision on the matter. Proper identification and
inclusion of these parties in a suit help streamline legal proceedings and ensure fair adjudication.

Non-Joinder or Misjoinder of Parties: Rule 9

9. Misjoinder and non-joinder. —No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and
the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties
actually before it: [Provided that nothing in this rule shall apply to non-joinder of a necessary party.]

Non-Joinder occurs when a necessary or proper party is not included in a suit. Misjoinder occurs
when two or more persons are joined in a suit contrary to the rules, and they are not necessary
or proper parties.

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 Code of Civil Procedure, 1908
General Rule on Non-Joinder or Misjoinder

The general rule is that a suit will not be dismissed solely because of non-joinder or misjoinder
of parties. This principle ensures that technicalities do not obstruct the substantive resolution of
disputes. Similarly, a decree will not be set aside on the ground of misdescription of the defendant
if the merits of the case are unaffected.

Exception for Necessary Parties

If a necessary party is not joined, and their absence likely affects the decree, the suit or appeal
can be dismissed on this ground. This is because a decree passed without a necessary party
cannot be effectively enforced or is incomplete.

In the case of B. Prabhakar Rao v. State of A.P. 1985 Supp SCC 432, although all affected persons
were not joined as parties to the petition, the Supreme Court held that the interests of those not
joined were adequately represented by the parties who were present. Therefore, the petition was
not dismissed.

Specific Provision under Section 47 of the CPC

No decree or order under Section 47 of the CPC can be reversed or substantially varied in appeal
due to non-joinder or misjoinder unless it affects the merits of the case or the court's jurisdiction.
As long as the party omitted is not a necessary party and the interests are sufficiently represented
by existing parties, the suit can proceed.

In a situation where separate contracts exist with multiple parties, such as B, C, D, and E having
separate agreements with A, joining all these parties in one suit would result in misjoinder unless
the claims are related

Non-joinder occurs when a necessary or proper party is not included in a suit, while misjoinder
occurs when irrelevant or improper parties are included. Generally, a suit will not be dismissed
solely due to non-joinder or misjoinder, except in cases involving necessary parties whose
absence affects the decree. Proper representation of interests can mitigate the need for dismissal.

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 Code of Civil Procedure, 1908
Striking Out, Adding, or Substituting Parties: Order I, Rule 10 CPC

10. Suit in name of wrong plaintiff.—(1) Where a suit has been instituted in the name of the wrong person as plaintiff
or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of
the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the
determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff
upon such terms as the Court thinks just.

(2) Court may strike out or add parties. —The Court may at any stage of the proceedings, either upon or without the
application of either party, and on such terms as may appear to the Court to be just, order that the name of any party
improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to
have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order
to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be
added.

(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any
disability without his consent.

(4) Where defendant added, plaint to be amended. —Where a defendant is added, the plaint shall, unless the Court
otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the
plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant

(5) Subject to the provisions of the Indian Limitation Act, 1877 (XV of 1877)], section 22, the proceedings as against
any person added as defendant shall be deemed to have begun only on the service of the summons.
Order I, Rule 10 CPC: This rule provides the framework for controlling and managing the parties
involved in a lawsuit, allowing for the addition, deletion, or substitution of parties as necessary
to ensure fair and complete adjudication of the matter.

The process of striking out, adding, or substituting parties in legal proceedings under Order I, Rule
10 of the Civil Procedure Code (CPC) is a mechanism to ensure proper adjudication of disputes by
involving all necessary and appropriate parties. This provision allows courts to correct errors
related to the inclusion of incorrect parties or the omission of essential parties.

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 Code of Civil Procedure, 1908
Court's Discretion in Adding or Deleting Parties

The court has broad discretion to add or delete necessary and proper parties to a proceeding to
ensure that all relevant issues are addressed effectively. However, this discretion must be
exercised in accordance with legal provisions and established judicial principles.

Competition Commission of India v. Steel Authority of India Ltd. (2010) 10 SCC 744, emphasized
that the court has broad discretion in determining the inclusion or removal of parties, subject to
statutory provisions and principles laid down by judicial precedents. The purpose is to facilitate
effective resolution of disputes without causing prejudice to the parties.

Suit in the Name of the Wrong Plaintiff or Addition of Party (Rule 10(1))

If a suit is filed in the name of the wrong person as the plaintiff or there is doubt about the correct
plaintiff, the court can order substitution or addition of the correct party. This is allowed if the
suit was filed by mistake and the change is necessary for resolving the real dispute.

Illustration: If an agent files a suit in their own name instead of the principal's name by mistake,
the court can substitute the principal as the plaintiff.

Conditions for Substitution or Addition of Plaintiff

1. Bona fide Mistake: The suit must have been filed under genuine misunderstanding or
error.
2. Necessity for Adjudication: Adding or substituting the plaintiff should be essential for
deciding the real issue in the case.

Striking Out or Adding Parties (Rule 10(2))

The court can remove improperly joined parties or add necessary ones to ensure that all
questions involved in the suit are fully and effectively settled. This can be done at any stage,
either upon request from a party or on the court's initiative.

Examples: If a party who should have been included as a defendant is not initially joined, the
court can add them to the proceedings.
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 Code of Civil Procedure, 1908
Striking Out Parties: If a party is improperly joined without a legitimate reason, the court can
remove them from the suit.

Circumstances for Addition of Parties

1. The person is a necessary party: Without their inclusion, no effective order can be passed.
2. The person is a proper party: Their presence is essential for the final adjudication of all
questions involved.

Guidelines for Invoking Rule 10(2):

Courts must avoid multiplicity of litigation by ensuring all relevant parties are included in a single
proceeding. Discretion under Rule 10(2) must align with settled principles of law and should be
exercised only when:

1. The party’s inclusion is necessary for adjudication.

2. The party’s presence does not alter the suit’s structure or unfairly prejudice other parties.

Mumbai International Airport Pvt. Ltd. v. Regency Convention Centre and Hotels Pvt. Ltd. (2010
AIR SC 3109), the Supreme Court reiterated that courts can add necessary or proper parties
either on application by a party or on their own discretion.

Talib Hussain v. Peer Azhar Hussain (AIR 1998 Raj 150), it was held that while adding parties,
the court must ensure that:

(i) The scope and nature of the suit remain unaffected.

(ii) No prejudice is caused to existing parties.
(iii) The added party has a direct interest in the litigation.

Additional Considerations under Rule 10:

No Person Added Without Consent (Rule 10(3)):

No individual can be added as a plaintiff without their consent, especially when dealing with
minors or individuals under disability.

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 Code of Civil Procedure, 1908
Amendment of Pleadings (Rule 10(4)):

If a new defendant is added, the court may require the pleadings to be amended to reflect the
changes.

Commencement of Proceedings Against Added Parties (Rule 10(5)):

For limitation purposes, proceedings against the newly added party are deemed to have started
from the date of their inclusion, subject to Section 21 of the Limitation Act. Section 21 of the
Limitation Act ensures that limitation is not saved if it has already expired by the time a party is
added.

Key Judicial Guidelines for Adding or Removing Parties:

1. The plaintiff is generally the best judge of whom to sue. However, the court can add
necessary parties even without the plaintiff’s consent.
2. Only parties with a direct interest in the subject matter should be included.
3. Inclusion or exclusion of parties should not unfairly affect the rights or defenses of existing
parties.
4. The court must ensure all issues are resolved completely and fairly in the presence of
relevant parties.

Principle of Dominus Litis

The plaintiff, as the "master of the suit," has the discretion to choose their opponent. However,
this principle does not prevent the court from adding a necessary party when justice requires it.

Order I, Rule 10 of CPC serves as a procedural tool to ensure that all necessary and proper parties
are included in a suit for its effective and complete resolution. Courts are entrusted with wide
discretion in exercising this power but must adhere to principles of law and fairness, ensuring the
addition or removal of parties serves the interest of justice without altering the suit’s nature or
causing prejudice to the parties involved.

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 Code of Civil Procedure, 1908
Effect of Adding a Defendant in a Suit

When a new defendant is added to an ongoing suit, procedure must be followed to ensure proper
inclusion of the new party in the proceedings.

Deemed Date of Institution

When a person is added as a defendant, the suit is considered to have been filed against them
from the date they are formally added to the lawsuit. This means that all legal proceedings
involving the new defendant are deemed to start from the date of their inclusion.

Example: If a suit was initially filed on January 1, 2024, and a new defendant is added on March
1, 2024, for the new defendant, the lawsuit is treated as having been filed on March 1, 2024.

The plaint must be amended to reflect the inclusion of the new defendant. This amendment
ensures that the legal document accurately represents the current status of the parties involved
in the suit. The amended plaint and the amended copies of the summons (court orders requiring
the presence of the new defendant) must be served to the new defendant. This ensures that the
new defendant is officially notified of their inclusion in the lawsuit and the claims against them.

The amended summons needs to be served and plaint is crucial as it formally informs the new
defendant of their involvement in the case. This allows them to prepare their defense and
participate in the legal proceedings. By following this procedure upholds the principles of due
process, ensuring that all parties have a fair opportunity to present their case and respond to the
claims made against them.

By amending the plaint and serving the new defendant, the court ensures that the new party is
aware of their involvement and can actively participate in the proceedings, safeguarding their
right to a fair trial.

When a new defendant is added to a lawsuit, the suit is deemed to have been instituted against
them from the date of their inclusion. The plaint must be amended to reflect this change, and
amended copies of the summons and plaint must be served to the new defendant. This process

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 Code of Civil Procedure, 1908
ensures that the new defendant is formally notified and can participate in the proceedings,
upholding the principles of due process and ensuring a fair trial.

Transposition of Parties: Order 1, Rule 10 CPC

Transposition

This involves changing the role of a person who is already part of a lawsuit from one status to
another, such as from plaintiff to defendant or vice versa. This procedural tool helps in ensuring
that the lawsuit is efficiently resolved without the need for multiple proceedings.

Transposition: This legal concept allows a party who is already involved in a lawsuit to switch
their role. For example, someone originally listed as a plaintiff can become a defendant, or vice
versa. The main goal of Order 1 Rule 10 CPC is to prevent multiple suits over the same issue,
promoting judicial efficiency and fairness.

The doctrine that allows the addition or removal of parties also extends to transposing parties.
This ensures all relevant issues are addressed in a single lawsuit, avoiding the need for additional
proceedings.

The court has the authority to order the transposition of parties whenever it deems it
appropriate. This can be done either on an application by a party involved in the lawsuit or on
the court’s own initiative (suo motu).

Conditions for Transposition

• Transposition can be initiated by any involved party through an application or by the court
if it believes such action is necessary for a just resolution of the dispute.
• The transposition should not change the fundamental nature or character of the lawsuit.
The core issues and the nature of the claims or defenses should remain intact.
• The transposition should not cause any unfair disadvantage or prejudice to the opposing
party. The interests and rights of the other parties must be protected.

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 Code of Civil Procedure, 1908
For e.g.: In a property dispute where A and B are both named as defendants, but it becomes clear
that B’s interests align more with those of the plaintiff, the court can order the transposition of
B from a defendant to a plaintiff to better represent the true interests involved. In another
scenario, if during a trial the court realizes that a defendant should more appropriately be in the
position of a plaintiff to resolve the issues more effectively, it can order this transposition on its
own initiative. The use of transposition to ensure fair and effective resolution of disputes. Courts
emphasize that this procedural tool should be used to avoid multiplicity of litigation and to ensure
comprehensive adjudication of issues.

Transposition of parties under Order 1, Rule 10 CPC allows for the adjustment of roles within a
lawsuit, enabling a party to switch from plaintiff to defendant or vice versa. This aims to avoid
multiple proceedings and ensures all issues are resolved efficiently. The court can order
transposition either upon application by a party or on its own initiative. However, such
transposition must not alter the fundamental character of the suit or cause prejudice to any
party.

Representative Suit: Rule 8 Order I CPC

8. One person may sue or defend on behalf of all in same interest. —(1) Where there are numerous persons 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.
(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff's
expense, give notice of the institution of the suit to all persons so interested, either by personal service, or,
where, by reason of the number of persons or any other cause, such service is not reasonably practicable,
by public advertisement, as the Court in each case may direct.
(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may
apply to the Court to be made a party to such suit.
(4) 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, and no agreement, compromise or satisfaction shall

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 Code of Civil Procedure, 1908
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).
(5) 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.
(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose
benefit, the suit is instituted, or defended, as the case may be.

Explanation. —For the purpose of determining whether the persons who sue or are sued, or defend, have the same
interest in one suit, it is not necessary to establish that such persons have the same cause of action as the persons on
whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be.

This legal procedure allows one or more persons to file suit on behalf of a larger group with a
shared interest in the subject matter of the suit. It is designed to simplify and streamline
litigation, ensuring that common issues are resolved efficiently.

Normally, all persons who have an interest in a suit should be joined as parties to ensure that the
court can resolve all related matters in a single proceeding. This helps to prevent multiple
lawsuits over the same issue.

Exception to General Principle

Rule 8 of Order I CPC provides an exception to this general rule. When there are numerous
persons with a similar interest in a suit, it is impractical to join every individual as a party. Instead,
one or more persons can represent the entire group.

To initiate a representative suit, the plaintiffs must obtain permission from the court or act upon
the court's direction. This ensures that the representation is appropriate and just. In a
representative suit, the plaintiff(s) do not need prior consent from all individuals they represent.
They can proceed with the litigation on behalf of the group based on the court's approval.

Representative Suit Defined: A representative suit is a legal action initiated by or against one or
more persons on behalf of themselves and others who have a common interest in the matter
being litigated. This type of suit allows collective redress without requiring every individual to be
a party to the litigation.

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 Code of Civil Procedure, 1908
Example 1

Suppose residents of a housing society have a common grievance against the management, such
as the misuse of maintenance funds. Instead of each resident filing a separate suit, a few
residents can file a representative suit on behalf of all affected residents. This ensures efficient
resolution and avoids multiple lawsuits.

Example 2

In a case where a factory’s pollution affects an entire community, a few affected individuals can
file a representative suit against the factory. This allows the entire community to seek justice
collectively without each person needing to individually join the lawsuit.

Benefits

• Representative suits streamline the legal process by consolidating similar claims into a
single proceeding, saving time and resources for the court and the parties involved.
• The court can provide a comprehensive resolution to the common issue affecting all
represented individuals, ensuring consistency in the judgment.

Key Points

• The plaintiff(s) in a representative suit do not need to obtain prior consent from all
persons they represent, provided they have the court's permission or direction.
• The persons represented must have a similar or common interest in the subject matter
of the suit.

A representative suit under Rule 8 of Order I CPC allows one or more individuals to sue or be sued
on behalf of a larger group with a common interest. This legal mechanism is an exception to the
general rule that all interested parties must be joined in a suit. Representative suits help avoid
multiple lawsuits and provide an efficient way to address common legal issues.

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 Code of Civil Procedure, 1908
Objective of Order 1, Rule 8 CPC: Representative Suits

The primary aim of this provision is to streamline the judicial process when a large number of
people are involved in a legal issue with shared interests. This rule helps in avoiding the
conventional procedure, which can be lengthy and expensive, by allowing a single comprehensive
trial.

When a legal question affects many people, addressing each case individually through ordinary
procedures would be impractical and inefficient. Rule 8 allows for collective legal action, making
the process simpler and more efficient. This provision helps to avoid the redundancy of multiple
suits on the same issue, ensuring the courts can manage cases more effectively. By consolidating
many similar claims into one representative suit, Rule 8 helps save considerable time and costs
for both the courts and the parties involved.

This approach prevents multiple suits on the same matter, which can be harassing and
burdensome for the parties involved. It ensures that a single, comprehensive trial addresses all
related issues.

When common rights or interests of a community, association, or large group are involved, it can
be practically impossible to proceed with individual suits for each member. Representative suits
provide a viable solution.

Example: If a community is affected by environmental damage caused by a corporation, instead

of each member filing separate lawsuits, a few representatives can file a suit on behalf of the
entire community.

Courts are encouraged to interpret Rule 8 liberally to fully realize its purpose. This ensures that
the benefits of collective legal action are maximized, reducing judicial workload and providing
fair resolutions for all affected parties.

For a case to fall under Rule 8, all members of the class should share a common interest in the
subject matter and have a common grievance. The relief sought should benefit all members of
the group.
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 Code of Civil Procedure, 1908
Rule 8 is an enabling provision, meaning it allows but does not require individuals to represent
others. Those with their own right of suit can still choose to file their own actions independently.
The rule does not grant a new right of suit; it merely facilitates collective legal action for those
who already have a right to sue. Even if an issue affects a group, an individual still retains the
right to sue independently for a wrong done to them personally.

Extent and Applicability of Order 1, Rule 8 CPC: Representative Suits

Order 1, Rule 8 has a broad scope, covering situations where multiple individuals share a common
interest or grievance. It applies to various types of legal actions, including those involving public
interest, community rights, and collective grievances.

This rule is particularly useful in cases where the rights or interests of a community, members of
an association, or a large group are involved. It ensures that legal issues affecting many people
are addressed comprehensively.

The rule is enabling, meaning it allows but does not require individuals to represent others in a
suit. This means that if a person can maintain their legal action independently, they are free to
do so without representing the larger group. It provides the flexibility to handle cases collectively,
preventing the court system from being overwhelmed with multiple individual suits over the
same issue.

To file a representative suit under Rule 8, the plaintiffs must either obtain the court’s permission
or act upon the court’s direction. This ensures that the representation is appropriate and just.
The court usually requires a public notice to be given to all persons interested in the matter. This
notice informs them about the representative suit and their right to opt-out if they prefer to file
their own separate suits.

All members of the class represented must have a common interest in the subject matter of the
suit and a common grievance. The relief sought should benefit all members of the group. The
relief sought in the suit should be such that it is beneficial to all the represented individuals. This
ensures that the representative suit serves the collective interests of the group.

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 Code of Civil Procedure, 1908
Courts interpret Rule 8 liberally to fulfil its purpose of preventing multiple lawsuits and ensuring
efficient adjudication of common issues. This helps in avoiding unnecessary litigation and judicial
delays.

The rule is not exhaustive, meaning it does not cover every possible scenario but provides a
framework for collective legal action. To prevent abuse of this provision, the court ensures that
the representative suit genuinely represents the interests of the group and that individual rights
are protected.

Order 1, Rule 8 CPC enables individuals to represent a larger group with a common interest in a
lawsuit. This rule aims to save time and expenses by avoiding multiple suits on the same issue,
ensuring efficient and comprehensive resolution of common grievances. The rule is enabling and
flexible, allowing for liberal interpretation by courts to promote judicial efficiency and fairness.

Enabling Provision

This rule provides the option for one or more individuals to represent a larger group with a
common interest in a suit. It is designed to facilitate collective legal action, but it is not
mandatory.

Order 1, Rule 8 of the Code of Civil Procedure (CPC) is inherently flexible, allowing but not
compelling an individual to represent a group. This means if someone can maintain their legal
action without involving others, they are free to do so. The rule gives the option to represent a
larger group, but it does not force anyone to do so. This is particularly useful when many people
share the same interest or grievance, as it provides a streamlined way to settle the dispute
collectively.

Individuals retain the right to sue independently for any wrong done to them, even if others are
also affected. This ensures that personal grievances can still be addressed directly without
needing to represent a larger group.

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 Code of Civil Procedure, 1908
Rule 8 helps prevent multiple lawsuits over the same issue, saving time and resources for both
the judiciary and the parties involved. It allows for a comprehensive resolution of common issues
affecting a large group, ensuring that all interests are considered in a single proceeding.

The rule is not exhaustive, meaning it can be applied in various situations where collective action
is beneficial. However, it does not provide new rights to sue; it only facilitates the existing rights
of individuals to act collectively. This flexibility allows the courts to adapt the application of the
rule to different circumstances, ensuring that justice is served effectively.

Courts are encouraged to interpret Rule 8 liberally to fully realize its purpose of facilitating
collective action and avoiding unnecessary litigation. The enabling nature of the rule means it
serves as a tool for efficiency and convenience, rather than a mandatory requirement.

The primary objective of Rule 8 is to enable efficient and convenient handling of cases involving
common interests. Individuals can choose whether or not to represent a group, maintaining the
right to sue independently. The rule’s application is broad and adaptable to various situations but
does not create new legal rights.

Order 1, Rule 8 CPC is an enabling provision designed to facilitate collective legal action for cases
where many people share a common interest. It provides the option for one or more individuals
to represent a larger group, helping to avoid multiple lawsuits and ensuring comprehensive
resolution of common issues. However, it does not compel anyone to represent others, allowing
individuals to maintain their own actions independently. The rule is broad and flexible, promoting
efficiency and convenience in the judicial process.

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 Code of Civil Procedure, 1908
Interpretation

Representative Suits: This provision allows one or more persons to sue, be sued, or defend a suit
on behalf of a larger group with a common interest. It is designed to streamline the legal process
and avoid multiple suits over the same issue.

1. Common Interest
When numerous persons share the same interest in a matter, one or more of them can
represent the entire group in court. This requires the court’s permission or direction.
2. Court’s Permission or Direction
The court can authorize party to act on behalf of the group. This step ensures that the
representation is appropriate and just for all involved.
3. Notice Required
Once permission or direction is granted, the court must notify all interested persons
about the initiation of the suit. This notification can be done through personal service or
public advertisement, depending on the number of persons and feasibility. The expenses
for giving notice are borne by the plaintiff.
• Notice must be given before abandoning any part of the claim in the suit.
• Notice is also required before the suit can be withdrawn.

Any compromise or agreement must be communicated to all interested parties

beforehand.

4. Substitution for Lack of Diligence

If a person suing or defending on behalf of the group does not proceed with due diligence,
the court has the power to substitute them with another person who has the same
interest. This ensures that the suit is prosecuted or defended effectively.
5. Binding Nature of Decree
Any decree passed in such a representative suit is binding on all persons whom the suit
was instituted for or against. This means that the judgment affects all members of the
group, not just those named in the suit.
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 Code of Civil Procedure, 1908
Example of a Representative Suit

Suppose a residential community is affected by a factory emitting pollutants. Instead of each

resident filing separate suits, a few representatives from the community can file a representative
suit on behalf of all affected residents. The court’s permission would be needed, and all residents
would be notified of the suit's initiation. Any judgment passed would be binding on all members
of the community.

Order 1, Rule 8 CPC allows for representative suits, enabling one or more persons to sue, be sued,
or defend on behalf of a larger group with a common interest. This rule helps save time, reduce
costs, and avoid the complexities of multiple suits. Proper notification and diligence are required
to ensure fair representation and binding judgments for all interested parties.

Conditions for Representative Suits under Order 1, Rule 8 CPC

To bring a case under Order 1, Rule 8 CPC, which allows one or more persons to represent a larger
group with a common interest in a lawsuit, specific conditions must be met to ensure that the
legal process is fair and efficient.

Numerous Parties

The group of people represented in the suit must be large enough that individual suits by each
person would be impractical. This condition ensures that the representative suit is truly necessary
and practical. If only a few people are involved, individual suits might be more manageable and
appropriate. The first requirement for applying Rule 8 is that the suit must involve a large group
of people with a shared interest. The term "numerous" is not strictly defined, but it implies a
group rather than a fixed number, and must be assessed based on the facts of each case.

The word "numerous" is understood in its ordinary sense as indicating a group of persons. It does
not mean "countless" or "innumerable" but simply a group large enough that individual suits by
each person would be impractical. There is no specific number that qualifies as "numerous." This
determination is left to the discretion of the court, which considers the facts and context of each
case. The court must decide whether the parties can be considered "numerous" based on the
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 Code of Civil Procedure, 1908
nature of the controversy and the subject matter of the dispute. Each situation is unique, and the
court evaluates the specifics to determine if the requirement is met. Various factors such as the
common interest among the parties, the shared grievance, and the overall context of the dispute
are taken into account by the court. It is not necessary for the exact number of persons in the
group to be ascertainable. What matters is that the group is sufficiently definite for the court to
recognize them as participants in the suit. The body of persons represented by the plaintiffs or
defendants must be clear enough for the court to understand who is being represented. The
group must have a distinct identity related to the subject matter of the suit.

Examples of Representative Suits

A representative suit can be filed on behalf of the inhabitants of a village concerning village
property. Here, the villagers have a shared interest in the property, making them a sufficiently
definite group.

Members of a sect, caste, or community can file a representative suit for matters affecting their
collective interests. For instance, disciples of a religious institution (mutt) can file a suit to
challenge improper alienation of the mutt's properties and seek their restoration.

The first requirement for applying Order 1, Rule 8 CPC is that numerous persons must be
interested in the suit. The term "numerous" is not strictly defined and does not imply a fixed
number. Instead, it is determined by the court based on the specifics of each case, considering
the nature of the controversy and the subject matter of the dispute. The group represented must
be sufficiently definite to be recognized by the court. This rule facilitates collective legal action
for groups with shared interests, ensuring efficient and fair adjudication.

Common Interest

All parties represented in the suit must share the same interest in the subject matter. The interest
does not have to be a property interest, but it must be more than a general public interest.
Disciples of a religious institution (mutt) can file a suit to challenge the improper alienation of the
mutt's properties and seek their restoration to the head of the mutt. Here, the disciples have a

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 Code of Civil Procedure, 1908
common religious or institutional interest. Merely being a member of the public or having a
general interest in the matter does not qualify. The interest must be specific to the group
represented.

The second crucial requirement for maintaining a representative suit under Order 1, Rule 8 of
the CPC is that the individuals on whose behalf the suit is filed must share the same interest. This
shared interest is essential to justify the collective nature of the lawsuit.

For a representative suit to be valid, all represented people must have a common or shared
interest in the subject matter of the suit. This means that their issues must be aligned and that
they are collectively seeking a resolution for the same underlying issue. The plaintiffs must be
seeking to address a common issue. This common interest is what unites the group and forms
the basis for the representative suit.

A community of interest is a condition precedent for bringing a representative suit. Without this
commonality, the suit cannot proceed as a representative action.

The common interest does not need to involve property. It can be any interest that is common
to all members of the group. The interest does not need to be jointly held or concurrent. It merely
needs to be a common interest shared by all group members.

In the case of Duke of Bedford v. Ellis, 1901 AC 1 (HL) Lord MacNaughten explained that given a
common interest and common grievance, a representative suit is appropriate if the relief sought
is beneficial to all whom the plaintiff proposes to represent.

When a person dies leaving numerous creditors, any one of them can sue on behalf of themselves
and the other creditors.

A taxpayer can file a suit against a municipality on behalf of themselves and other taxpayers to
prevent the misapplication of municipal funds.

The Explanation added by the Amendment Act of 1976 clarifies that the individuals represented
in a representative suit do not need to have the same cause of action. The suit can proceed even

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 Code of Civil Procedure, 1908
if there are separate causes of action or separate transactions, as long as the common interest is
present.

The amendment ensures that the rule is applicable even when the represented persons have
different causes of action, as long as they share the same interest.

T.N. Housing Board v. T.N. Ganapathy, (1990) 1 SCC 608

In this case, residential buildings were allotted by the Housing Board to low-income group
applicants. After settling the price, the Board made an excess demand, which the allottees
challenged in a representative capacity. The Supreme Court upheld the maintainability of the
suit, despite separate demand notices, because all allottees had the same interest.

The second requirement for maintaining a representative suit under Order 1, Rule 8 CPC is that
the individuals represented must share the same interest. This common interest, which does not
need to be proprietary, forms the basis for the collective action. The Amendment Act of 1976
further clarifies that the represented individuals do not need to have the same cause of action.
The key is that they share a common grievance and seek relief that benefits the entire group.

The court’s permission must be obtained to file or defend a suit as a representative suit. The
requirement for court permission ensures judicial oversight. The court evaluates whether the
conditions for a representative suit are met and whether it is appropriate to proceed in this
manner.

Notice to Interested Parties

Notice of the suit must be given to all persons whom it is proposed to represent.

Methods of Notice

• Personal Service: Directly serving notices to each individual, if practical.

• Public Advertisement: If personal service is impractical due to the number of people
involved, public advertisement may be used as directed by the court.

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 Code of Civil Procedure, 1908
This ensures that all interested parties are aware of the suit and have the opportunity to
participate or opt-out if they prefer to file their own suits.

The conditions for representative suits ensure that those who are represented share a genuine
common interest and are adequately informed about the proceedings. The requirement for court
permission acts as a safeguard against misuse of the provision, ensuring that representative suits
are appropriate and beneficial for the group involved.

One of the critical conditions for a representative suit under Order 1, Rule 8 of the CPC is the
issuance of proper notice to all parties who will be bound by the decree. This ensures fairness
and prevents prejudice against any individual who is affected by the decree but is not on record.

When a person sues, is sued, or defends a suit on behalf of themselves and others, any decree
passed in that suit binds all represented parties, unless it was obtained by fraud or collusion. This
means that all persons on whose behalf the suit is filed are legally bound by the court’s decision.
The only exception to this rule is if the decree was obtained through fraud or collusion, in which
case it would not be binding on the parties affected.

It is absolutely essential that notice of the suit is given to all interested parties. Without such
notice, individuals who are not on record and are unaware of the suit might be prejudicially
affected by the decree. If proper notice is not given, the decree will only bind the parties who are
on record. This highlights the importance of ensuring that all potential parties are informed about
the suit.

The court has the duty to ensure that appropriate notice is issued, providing sufficient
information to all interested parties. This allows them to decide whether to apply to become
parties to the suit.

The court must ensure that the notice is published in a manner likely to reach the intended
recipients, such as through a widely-read newspaper. This increases the likelihood that all
interested parties will be informed.

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 Code of Civil Procedure, 1908
The decision in a representative suit has a res judicata effect, meaning it is binding not only on
those who are on record but also on those who are not on record yet fall within the scope of the
rule. This underscores the importance of proper notification to prevent any unjust outcomes.

The notice requirement in representative suits under Order 1, Rule 8 CPC is crucial to ensure that
all interested parties are informed and given the opportunity to participate in the suit. Proper
notice prevents prejudice and ensures that any decree passed is binding on all affected
individuals. The court must take diligent steps to issue effective notice, including using public
advertisements in widely-read media, to reach all potential parties.

Permission by Court: Order 1, Rule 8 CPC

The fourth essential requirement for applying Order 1, Rule 8 CPC is obtaining the court’s
permission or direction. Without this, a suit cannot be classified as a representative one.

The court has the discretion to allow a person to sue or defend in a representative capacity. This
decision is not automatic and cannot be based solely on the statements made in the plaint.

When considering whether to grant permission, the court must evaluate whether there is a
sufficient community of interest among the plaintiffs or defendants to justify the use of the
representative suit procedure. Ideally, permission should be obtained before the suit is filed.
However, the court can grant this permission after the suit has been filed or even during the
appellate stage by allowing an amendment of the plaint.

Application for Leave

Plaintiffs: If a plaintiff intends to represent others, they must apply for the court’s permission.

Defendants: If numerous defendants with the same interest are sued and one of them wishes to
defend on behalf of others, they must apply for permission.

The Code does not prescribe a specific form for granting permission. Permission can be either
express or implied, inferred from the court’s proceedings. For example, if the court orders the

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 Code of Civil Procedure, 1908
publication of notice in a newspaper, it can be deemed that permission for a representative suit
has been granted.

Under sub-rule (1)(b), the court can direct that one or more persons with the same interest in
the suit may sue, be sued, or defend on behalf of all interested parties. Once the court grants
permission, it also applies to any subsequent appeals, ensuring continuity in the representative
capacity throughout the litigation process.

Suppose a group of consumers wants to file a representative suit against a manufacturer for a
defective product. They need to apply for the court’s permission, demonstrating their shared
interest and grievance. The court’s permission, once granted, allows them to proceed as a
representative group.

The court’s primary consideration in granting permission is the existence of a sufficient

community of interest among the plaintiffs or defendants. This ensures that the representative
suit procedure is appropriately applied. The provision allows flexibility in obtaining permission,
accommodating situations where the need for a representative suit becomes apparent after the
suit is filed. The ability to infer permission from the court’s actions, such as ordering public notice,
ensures practical and procedural efficiency.

The fourth requirement for applying Order 1, Rule 8 CPC is obtaining the court’s permission or
direction. The court’s discretion in granting permission ensures that there is a sufficient
community of interest to justify a representative suit. Permission can be obtained before or after
filing the suit, and even during the appellate stage. The Code does not prescribe a specific form
for granting permission, which can be express or implied. Once granted, permission applies
throughout the litigation process, including appeals.

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 Code of Civil Procedure, 1908
Title

When a suit is filed by or against individuals acting on behalf of a larger group, the representative
nature of the case must be explicitly stated in the plaint or written statement.

The fact that the suit is being filed in a representative capacity must be clearly mentioned within
the body of the plaint. This ensures transparency and informs the court and the opposing party
about the representative nature of the action.

The representative capacity should also be reflected in the title of the suit. This includes
specifying that the plaintiffs or defendants are acting on behalf of a larger group.

The representative capacity in both the body and the title of the plaint clarifies the scope of the
suit and identifies the larger group involved. It ensures that all relevant parties are aware of the
representative nature of the suit and the potential implications of the court's decision.

The title of a suit where the plaintiff sues in a representative capacity might look like this:

"A, B, on behalf of themselves and all other creditors."

This format explicitly indicates that the plaintiffs (A and B) are not only suing on their own behalf
but also representing the interests of all other creditors involved.

It is essential to comply with this requirement to ensure that the suit is correctly processed and
recognized as a representative action. Failure to state the representative capacity might lead to
procedural issues.

Example

If A and B are suing a debtor in a representative capacity for the recovery of debts on behalf of
all other creditors, the body of the plaint should clearly state this fact, and the title of the suit
should be formatted to reflect their representative role.

When filing a suit in a representative capacity, it is crucial to state this fact explicitly in both the
body of the plaint and the title of the suit. This ensures clarity, proper identification of the

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 Code of Civil Procedure, 1908
involved parties, and compliance with legal requirements. The title should clearly indicate that
the plaintiffs or defendants are acting on behalf of a larger group, such as: "A, B, on behalf of
themselves and all other creditors."

Addition or Substitution of Parties: Order 1, Rule 8 CPC

Sub-rule (3) and Sub-rule (5) of Rule 8 address the addition or substitution of parties in a
representative suit, ensuring that the interests of all involved parties are adequately protected
and the suit is conducted diligently.

Addition of Parties (Sub-rule (3))

Any person on whose behalf a suit is filed or defended under sub-rule (1) can apply to the court
to be added as a party to the suit. This provision allows individuals who have a vested interest in
the outcome of the suit to ensure their participation.

Requirements for Joining

The applicant must demonstrate that the current handling of the suit is not adequate and their
interests will suffer significantly if they are not included. The applicant must show that their
exclusion would lead to prejudice against them and that filing a new, separate suit would cause
unnecessary delay and increase litigation costs. Such applications must be made promptly to
avoid unnecessary delays in the proceedings.

The person seeking to join the suit can only be added as a co-plaintiff or co-defendant. They
cannot replace the original parties but can join alongside them to ensure their interests are
represented.

Substitution of Parties (Sub-rule (5))

It was added by the Amendment Act of 1976, this sub-rule addresses situations where a person
suing or defending in a representative capacity fails to proceed with due diligence. If the court
finds that the representative is not managing the suit properly, it can substitute them with

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 Code of Civil Procedure, 1908
another person who has the same interest in the suit. This ensures that the proceedings are
conducted effectively and in the best interest of all represented parties.

Under Order 1, Rule 8 CPC, the addition or substitution of parties in a representative suit is
governed by sub-rules (3) and (5). Interested persons can apply to join the suit as co-plaintiffs or
co-defendants to ensure their interests are protected, provided they demonstrate that their
exclusion would cause prejudice and delay. Additionally, if a representative fails to act diligently,
the court can substitute them with another individual who shares the same interest, ensuring
the suit is prosecuted or defended properly.

Non-Compliance: Effect of Rule 8

Rule 8 of Order 1 CPC is mandatory and must be followed precisely. Non-compliance with this
rule has significant implications for the maintainability of the suit and the binding effect of the
decree. Rule 8 is not optional. It is a mandatory provision that must be adhered to when filing a
representative suit.

If the provisions of Rule 8 are not complied with, the suit cannot be maintained as a
representative suit. This means that the suit may be dismissed or not proceed in the manner
intended for representative actions.

A decree passed in a representative suit where the requirements of Rule 8 have not been
followed will not bind the persons intended to be represented in the suit. The decree will only be
binding on those individuals who are actually joined as parties to the suit. It will not extend to
those who were supposed to be represented but were not properly notified or included
according to the provisions of Rule 8.

Proper notice must be given to all interested parties, and the representative capacity must be
clearly stated. Failing to do so undermines the representative nature of the suit and affects the
decree's enforceability.

Courts ensure that the conditions laid out in Rule 8 are strictly followed to prevent any prejudice
against the represented parties and to maintain the integrity of the judicial process.
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 Code of Civil Procedure, 1908
Rule 8 of Order 1 CPC requires strict compliance. A suit filed without adhering to its provisions is
not maintainable as a representative suit. Moreover, a decree passed without following the
prescribed conditions will not bind the represented persons, although it will bind those who are
joined as parties. This rule ensures that the rights of all interested parties are protected and that
the judicial process is fair and transparent.

Withdrawal or Compromise in Representative Suits

Sub-rule (4): This provision ensures that any withdrawal, abandonment, agreement, or
compromise in a representative suit follows a specific procedure to protect the interests of all
represented parties.

Under sub-rule (4), no part of the claim in a representative suit can be abandoned under sub-rule
(1) without following the prescribed procedure. Similarly, a representative suit cannot be
withdrawn under sub-rule (3) of Rule 1 of Order 23 without adhering to specific requirements.
Before any part of the claim is abandoned, or the suit is withdrawn, or any agreement,
compromise, or satisfaction is recorded, the court must issue a notice to all interested parties.
This is at the plaintiff's expense.

Order XXIII Rule 3: No agreement, compromise, or satisfaction in a representative suit can be

recorded unless proper notice has been given to all interested parties in the specified manner.
According to Order XXIII Rule 3-B, as added by the Amendment Act of 1976, no agreement or
compromise can be entered into without the court's permission. This ensures that any settlement
is fair and in the best interests of all represented individuals.

The court must ensure that all affected parties are adequately informed and given the
opportunity to be heard before any significant decision affecting the suit is made.

These provisions safeguard the interests of all represented individuals, ensuring that their rights
are not compromised without their knowledge and consent.

Sub-rule (4) of Rule 8 mandates that no part of the claim in a representative suit can be
abandoned, and no such suit can be withdrawn, or any agreement or compromise recorded,
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 Code of Civil Procedure, 1908
without proper notice to all interested parties. The court must ensure that these notifications are
made, either personally or through public advertisement, at the plaintiff's expense. Additionally,
any agreement or compromise in a representative suit requires the court's permission, ensuring
that the interests of all represented parties are protected.

Conduct of Suit: Rule 8-A of Order 1 CPC

Rule 8-A empowers the court to allow individuals or groups with a vested interest in any legal
question being debated in a suit to present their opinion and participate in the proceedings. This
is at the court's discretion and not an automatic right.

Rule 8-A permits any person or body of persons who have an interest in a legal question at issue
in a suit to present their opinion before the court and to engage in the proceedings. This provision
acknowledges that additional insights can aid the court in its decision-making process.

The court's permission is necessary for such participation. This means that interested individuals
or groups cannot automatically claim the right to present their opinion or take part in the
proceedings; they must seek and obtain the court's approval.

The court evaluates whether the participation of the interested party will contribute
constructively to the proceedings. It has the authority to permit or deny participation based on
its assessment of the relevance and potential impact on the suit.

Under Order I Rule 11, the court may assign the conduct of the suit to any person it considers
appropriate. This person will manage the suit, ensuring that it proceeds efficiently and effectively.

Order I Rule 12 allows plaintiffs or defendants to authorize one or more among them to appear,
plead, or act on their behalf. This provision facilitates streamlined representation, ensuring that
the collective interests of all parties are adequately represented by one or more appointed
individuals.

Rule 8-A of Order 1 CPC provides the court with the discretionary power to permit interested
persons or bodies to present their opinions and participate in legal proceedings. This

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 Code of Civil Procedure, 1908
participation is not an automatic right and requires the court's permission. Additionally, Rules 11
and 12 allow the court to assign the conduct of the suit to an appropriate person and authorize
one or more plaintiffs or defendants to represent their interests.

Decree in Representative Suits

A decree in a representative suit affects all individuals on whose behalf or for whose benefit the
suit is brought or defended. It also has the effect of res judicata, meaning it prevents re-litigation
of the same issues.

The decree issued in a representative suit is binding on all persons who are represented in the
suit, whether they are explicitly named as parties or not. This ensures that the judgment has a
comprehensive effect, covering the interests of all those represented. The suit is filed or
defended in a representative capacity, meaning the named plaintiffs or defendants act on behalf
of a larger group of people with common interests.

The decree binds all represented individuals, it ensures that all affected parties are bound by the
court's decision, reducing the need for multiple lawsuits on the same issue. The binding nature
of the decree provides a definitive resolution to the dispute, benefiting judicial efficiency and
providing closure to the involved parties.

The decree operates as res judicata, which means it prevents the same parties from re-litigating
the same issues in future lawsuits. Once a matter has been judicially decided, it cannot be
contested again by the same parties. The res judicata effect of the decree reinforces the principle
of finality in litigation, ensuring that the same issue is not repeatedly brought before the court.
This principle upholds the integrity of judicial decisions and promotes legal certainty.

Example:

Suppose a group of homeowners files a representative suit against a construction company for
defective building work. The decree passed in this suit will bind all homeowners represented in
the suit, ensuring that the court's decision applies to each of them. Additionally, once the court
has decided on the matter, the homeowners cannot bring another suit against the same
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 Code of Civil Procedure, 1908
construction company for the same defective work, as the issue is conclusively settled by the
decree.

A decree passed in a representative suit binds all persons on whose behalf or for whose benefit
the suit is instituted or defended, providing a comprehensive and final resolution to the dispute.
It also operates as res judicata, preventing the same issue from being re-litigated by the same
parties. This binding effect and the principle of res judicata ensure judicial efficiency, finality, and
certainty in legal proceedings.

Abatement in Representative Suits

In a representative suit, the death of a person appointed to conduct the suit does not cause the
suit to abate or end. Instead, other interested parties may continue the suit or seek to be added
as plaintiffs.

The individuals appointed to conduct a representative suit are acting on behalf of others who
have a vested interest in the case. These representatives are considered to be representing all
parties involved, making them "constructive parties" to the suit.

If any of the appointed representatives die, the suit does not automatically terminate. The death
of a representative does not cause the case to abate or cease.

The continuity of the suit is maintained because it is conducted in a representative capacity,

ensuring that the interests of the larger group are still represented. Other individuals who have
an interest in the suit can step in to continue the proceedings. They may either proceed with the
suit directly or apply to be added as new plaintiffs.

These interested parties need to apply to the court to be added as plaintiffs. Upon approval, they
can take over the conduct of the suit, ensuring that it progresses without unnecessary
interruptions.

In representative suits, the persons appointed to conduct the suit represent the interests of a
larger group. The death of any representative does not cause the suit to abate. Instead, other

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 Code of Civil Procedure, 1908
interested parties may proceed with the suit or apply to be added as plaintiffs. This ensures the
continuity and integrity of the legal proceedings, safeguarding the collective interests of all
parties involved.

Execution of Decree in Representative Suits

A decree issued in a representative suit can be enforced in the same manner as any other decree
issued in a regular suit. It applies both to the persons explicitly named as parties (eo nomine) and
those represented through these parties.

A decree in a representative suit is executed just like any decree in a regular lawsuit. This means
the court's order must be followed and enforced according to standard legal procedures for
executing decrees. The process involves steps such as issuance of notices, attachment of
property, or any other legal measures to ensure compliance with the court’s judgment.

The decree is enforceable against parties who are explicitly named as parties in the suit. These
are the people directly involved in the legal proceedings.

The decree also binds those who are represented by the named parties. These represented
individuals might not be explicitly listed in the suit, but the decree applies to them because they
are constructively parties to the suit through their representatives.

By ensuring that the decree is executed against both named parties and those they represent,
the court's decision has a comprehensive and uniform effect. This prevents any discrepancies or
enforcement issues.

The ability to execute the decree against a broad group ensures that the resolution provided by
the court is effectively implemented, benefiting all parties involved in the representative suit.

A decree passed in a representative suit is executed in the same manner as any decree in a regular
suit. It is enforceable against the persons explicitly named as parties (eo nomine) and those
represented through these parties. This ensures comprehensive and uniform enforcement of the
court's decision, benefiting all individuals involved in the representative suit.

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 Code of Civil Procedure, 1908

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