Okay, I will create a summary based on the provided case information, adhering to the specified format and guidelines.
Short Summary
Section 30 of the Code of Civil Procedure, 1908, concerns the power of the court to order a separate trial where numerous persons have the same interest in one suit. It allows the court to manage complex litigation efficiently by preventing the suit from becoming unmanageable due to the number of parties involved. The section empowers the court to direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of all parties interested.
Facts
The Code of Civil Procedure, 1908, was enacted to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. Section 30 specifically addresses situations where multiple individuals share the same interest in a single lawsuit. The need arises from the potential for unwieldy and inefficient proceedings when all interested parties are directly involved.
Issues
The central issue is the interpretation and application of Section 30 of the Code of Civil Procedure, 1908, regarding the court's power to allow representative suits. Specifically, the issues revolve around:
Petitioner's Arguments
Since this is about the section itself, arguments would concern its interpretation and application. Possible arguments supporting a broad interpretation of Section 30 might include:
Respondent's Arguments
Arguments against a broad interpretation or application of Section 30 might include:
Court's Reasoning
(Since the case content is simply the section itself, I will provide a hypothetical reasoning based on established legal principles and the purpose of the section.)
The court would likely reason that Section 30 is a procedural mechanism designed to balance the interests of judicial efficiency with the need to protect the rights of individual litigants. The "same interest" requirement necessitates a common grievance and a desire for a similar remedy. The court must exercise its discretion judiciously, considering factors such as the number of parties involved, the complexity of the issues, and the potential for conflicts of interest among the parties. Adequate notice to all interested parties is crucial to ensure they have an opportunity to object or participate. The court retains the power to intervene if the representative party is not adequately protecting the interests of all concerned.
Conclusion
Section 30 of the Code of Civil Procedure, 1908, empowers the court to order a separate trial where numerous persons have the same interest in one suit. The court can allow one or more persons to sue or be sued on behalf of all interested parties, provided that the "same interest" requirement is met, and adequate safeguards are in place to protect the rights of all concerned. The application of this section is subject to the court's discretion and must be exercised judiciously to ensure fairness and efficiency. No specific relief is granted as this is an explanation of the section itself.
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