All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
13.

------------ 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

The answer is: B

Explanation

The correct option is B: Representative suit.

A representative suit is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit. This is an exception to the general rule that all persons interested in a suit ought to be joined as parties to it. The purpose of this rule is to avoid multiplicity of suits and contradictory judgments, and to save time, money and trouble for the parties. Representative suit is based on public policy and convenience, and is governed by Order I Rule 8 of the Code of Civil Procedure, 1908.