Question

 ______is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.}

• A. Joint suit
• B. Representative suit
• C. Collusive suit
• D. Collective suit.

Hint:

The key phrase to identify a Representative Suit (Order I, Rule 8) is "numerous persons having the same interest." This is the Indian law equivalent of what is often called a "class action" suit in other jurisdictions.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question describes a procedural device that allows a lawsuit to be brought by a few individuals on behalf of a larger group, where everyone in the group shares a common interest in the subject matter of the suit. This is an exception to the general rule that all persons interested in a suit should be joined as parties.
Step 2: Detailed Explanation:
This type of lawsuit is known as a Representative Suit. It is governed by Order I, Rule 8 of the Code of Civil Procedure, 1908. The main purpose of a representative suit is to avoid unnecessary expenditure and multiplicity of litigation when numerous people have the same interest. \begin{itemize} \item A Joint suit might refer to a suit with multiple plaintiffs or defendants, but it doesn't have the element of representation. \item A Collusive suit is a fraudulent suit where the parties are not in genuine opposition but are conspiring to obtain a particular judicial decision. \item Collective suit is a general term but not the specific legal term used in the CPC. \end{itemize} The key elements of a representative suit are: (i) numerous parties, (ii) same interest, and (iii) permission of the court.
Step 3: Final Answer:
A suit filed by one or more persons on behalf of a larger group with the same interest is called a Representative suit.