Rule 8 of CPC : Rule 8: One Person May Sue Or Defend On Behalf Of All In Same Interest
CPC
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Explanation using Example
Imagine a residential society where 50 apartment owners face a common issue: the builder has not provided the amenities promised at the time of purchase. Instead of each owner filing an individual lawsuit, which would be time-consuming and costly, they decide to take collective legal action. Under Rule 8 of The Code of Civil Procedure, 1908:
- A few representatives from the apartment owners are chosen to file the suit on behalf of all the owners.
- The court, recognizing the common interest, permits these representatives to proceed with the case.
- The court orders that all other apartment owners be notified about the lawsuit through public advertisement since personal service to each owner is impractical.
- If the lawsuit is successful, the decree benefits all the apartment owners, not just those who were actively involved in the lawsuit.
This rule allows for efficient resolution of disputes involving large groups with a common interest, without the need for each person to file a separate suit.
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