The principle underlying Order 1 Rule 8, CPC, which allows one or more persons to sue or be sued on behalf of all persons having the same interest, can be applied to writ proceedings before the High Court in appropriate cases.

The writ petition has been filed seeking a writ of Mandamus directing the respondents to grant a particular pay scale to Field Supervisors appointed directly or by promotion under the Tripura Gramin Bank with effect from the dates of their appointment. In paragraph 12 of the writ petition it is stated that there are numerous persons having the same interest as that of the petitioners and the petition has been filed on behalf of all those persons. Petitioners also filed an application under Order 1 Rule 8, CPC for according permission to file the writ petition on behalf of all Field Supervisors working in the Bank. The writ petition has been admitted. Roy, J. who heard the application under Order 1 Rule 8, CPC, has referred to Division Bench the question relating to applicability of the provision to writ petitions. We have heard learned counsel appearing for both sides.

2. Rule : of Order 1 CPC enables one or more persons to sue be sued, or defend a suit on behalf of or for the benefit of all persons having the same interest. Where there are numerous persons having the same interest in one suit, one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested. The Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of or for the benefit of, all persons so interested. Where such direction or permission is made, the Court shall, at the plaintiff's expense, give notice of the institution of the suit to all persons so inserted, either by personal seasonal service, or where reason of the number of persons or any other cause, such service is not reasonably prac­ticable, by public advertisement, as the Court may direct. Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, may apply to the Court to be made a party to such suit. Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit. A decree passed in a suit under this rule shall be binding on all persons on whose behalf, on for whose benefit, the suit is instituted, or defended, as the case may be.

3. What is necessary is of interest in the suit and not identity of cause of action. The object of Order 1 Rule 8, CPC is to facilitate decision on questions in which a large body of persons are interested without recourse to the ordinary procedure. The rule is one of convenience based upon reason and policy and saves trouble and expense which would otherwise have to be incurred in such cases. The rule is intended to avoid inconvenience and delay in disposal of litigation where parties are numerous but having the same interest in the suit. See Kodia Gounder & another vs. Velandi Gounder & others, AIR 1955 Madras 281 (Full Bench). Courts generally are ready to grant permission to avoid multiplicity of proceedings, unnecessary delay and expense as also conflict of findings.

4. Section 141 CPC reads as follows :

"The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction."

Before the introduction of the explanation by Amending Act 104 of 1976, there was difference of opinion as to whether the provisions of the Code applied to writ proceedings before the High Courts or Supreme Court. One view was that a writ proceeding being one in a Court of civil jurisdiction, the provisions of the Code applied. Another view was that since writ proceedings being one of special or extra-ordinary nature, the provisions did not apply In Banbhai Muijibhat Pate! vs. Nandlal Khodidas Barot & others, AIR 1974 SC 2105, the Court observed that the words "as far as it can be made applicable" in section 141, CPC, make it clear that in applying the various provisions of t