Rule 8 of Order I of CPC
1[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suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn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 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.]
Foot note:
1. Subs. by Act 104 of 1976, s. 52,
for rule 8 (w.e.f. 1-2-1977).
Commentaries:
Order I, Rule 8 provides that persons may be impleaded in representative capacity where they are in large number but having the same interest with the provision of the court. [1][2]
Authorities:
[1] Diwakar Shrivastava & Ors. V. State of Madhya Pradesh & Ors, AIR 1984 SC 468
