Representative suit

Private Interest Litigation


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.

The person whose fundamental or legal right has been violated may file suit or petition for enforcement thereof.

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.  

The Plaintiff has to file the suit in a court having jurisdiction of the lowest grade.
In Private Interest Litigation, Plaintiff has to pay Court stamp fee as per the valuation of the suit property under the Court Stamp fee Act


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

In Private Interest Litigation, The aggrieved person has to prove that he has suffered some loss or injury. In case of alleged violation of right, he must in addition prove that he has right.


See Also 

 Difference between Public Interest Litigation and Representative Suit

 Difference between Public Interest Litigation and Private Interest Litigation


See Also..