Public Interest Litigation

Representative Suit


The word ‘public interest’ as something in which the public, or the community at large has some pecuniary interest or some interest by which their legal rights or liabilities are affected .

A “Representative Suit” is a suit filed against one or more persons on behalf of themselves and others having the same interest in the suit.


In Public Interest Litigation, though a person is not aggrieved but socially and spiritually motivated can file petition

In representative suit , Order I Rule 8 of CPC provides that when there are number of persons similarly interested in a suit, one or more of them can with the permission of the court or upon a direction from the court, sue or be sued on behalf of themselves and others.  


In Public Interest Litigation, the person approaching the court for redressal or public wrong or public injury has sufficient interest in the proceeding and is acting in bonafide and not for personal gain or private profit or political motivation.

In representative suit Following Conditions must exist
1) the parties must be numerous
2) They must have the same interest
3) The Permission must have been granted or direction must have been given.   
4) Notice must have been issued to the parties whom it is proposed to represent

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Difference between Public Interest Litigation and Private Interest Litigation


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