Rule 8 of CPC : Rule 8: One Person May Sue Or Defend On Behalf Of All In Same Interest

Explanation using Example

Imagine a scenario where a new residential complex has been built and all the homeowners are facing issues with the plumbing due to poor construction quality. There are over 50 homeowners affected by this issue. Instead of each homeowner filing an individual lawsuit, Rule 8 of The Code of Civil Procedure, 1908 allows one or a few homeowners to file a suit on behalf of all homeowners with similar interests.

In this case, with the court's permission, three homeowners file a collective lawsuit against the construction company for damages. The court, recognizing the impracticality of serving notice to each homeowner individually due to the large number, may direct a public advertisement to inform all affected parties of the lawsuit. Any homeowner who wishes to be made a party to the suit may apply to the court.

The court will ensure that no part of the claim is abandoned and that any settlement or compromise is communicated to all interested homeowners. If the representative homeowners do not diligently pursue the lawsuit, the court may replace them with other homeowners who have the same interest in the matter. Finally, the decree passed will be binding on all homeowners, ensuring a collective remedy to the shared problem.