4. When plaintiff sues as representative.- Where the plaintiff sues in a representative character, the plaint shall show not only that has an actual existing interest in the subject matter, but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it. HIGH COURT AMENDMENTS Karnataka.- For Rule 4, substitute the following:
“4. (1) Where the plaintiff sues in a representative character, the plaint shall show not only that he has an actual existing interest in the subject-matter, but also that be has taken the steps (if any), necessary to enable him to institute a suit concerning it. (2) When the permission of the Court under Rule 8 of Order 1 of this Code is sought, before or at the time of the institution of the suit, the plaint shall be accompanied by an application supported by an affidavit stating the number or approximate number of parties interested, the places where they respectively reside, that they have all the same interest in the subject-matter of the suit and the nature of the said interest, and the best means of giving notice of the institution of the suit to the said parties. If the permission sought is granted, the plaint shall state or be amended so as to state that the plaintiff sues on behalf of himself and all other persons interested in the subject-matter of the suit and that he has been permitted by the Court to do so by an order of Court made on a particular date, in the application mentioned above.” (30.3.1967).
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