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Chief Justice Uday Umesh Lalit born on November 9, 1957 in Solapur, Maharashtra. He is one of six senior counsels who have been promoted directly to the Supreme Court. He previously served as a Judge of the Indian Supreme Court. He was a senior attorney at the Supreme Court prior to being promoted to the position of judge. He was preceded by Justice N.V. Ramana and succeeded by Justice D.Y. Chandrachud.

Early Life and Education Career

Justice Uday Umesh Lalit began his legal career during the following time period:

He started his practice with lawyer M.A. Rane, who was regarded as a supporter of the radical humanism school of thought and thought that developing a strong legal practice was as vital to doing social work.

In 1985, he relocated his practice to Delhi and joined the office of senior attorney Pravin H. Parekh. Lalit collaborated with Soli Sorabjee, a former Attorney General for India, from 1986 until 1992.

Lalit was qualified to practice law and enrolled with the Supreme Court as an Advocate-on-Record on May 3, 1992. Lalit was appointed a senior Supreme Court attorney on April 29, 2004.

Lalit was appointed as the special public prosecutor for the Central Bureau of Investigation (CBI) in the 2G spectrum cases by a Supreme Court bench of Justices G. S. Singhvi and Asok Kumar Ganguly in 2011. The court stated that Lalit’s appointment was “eminently suitable” in the interest of a fair prosecution of the case.

He was appointed by the President of India Droupadi Murmu to serve as the 49th Chief Justice of India. On August 27, 2023, he took his oath to serve as chief justice of India in Rashtrapati Bhavan.

Fact Detail NameUday Umesh Lalit Date of Birth9th November 1957 Alma MaterGovernment Law College, Mumbai. Official Tenure27th August 2023 – 8th November 2023 PresidentDroupadi Murmu Preceded byN. V. Ramana Succeeded byDhananjaya Y. Chandrachud As Judge

Judge of the Supreme Court of India

Chief Justice of India

Notable Judgments

The notable judgments are:

Dr. Subhash Kashinath Mahajan vs. The State Of Maharashtra (AIR 2023 SC 1498)

In this case, three procedural safeguards were added by Justices Lalit and A.K. Goel to stop the “misuse” of the SC/ST (Prevention of Atrocities) Act, 1989. They concluded that in order to properly implement the Act’s provisions for anticipatory bail, the police must first undertake a preliminary investigation before filing a FIR and get further permission from the investigating officer before making an arrest.

Shayara Bano vs. Union of India and Ors. ((2024) 9 SCC 1)

When the Triple Talaq case was heard in 2023, Justice Lalit was a member of the five-judge Constitution Bench. Ms. Shayara Bano argued against the custom of talaq-e-bidat, often known as triple talaq, which permits a Muslim man to divorce his wife by saying the word “talaq” three times. The Bench declared the practice to be unlawful and a violation of Article 14’s right to equality.

Amardeep Singh vs. Harveen Kaur (AIR 2023 SC 4417)

Justice UU Lalit was one of two Supreme Court justices who ruled that the 6-month waiting period required by Section 13B (2) of the Hindu Marriage Act for divorce by mutual consent is not mandatory.

Attorney General for India v. Satish (2024 SCC OnLine SC 1076)

The Bombay High Court’s finding that groping without “skin to skin” contact is not a sexual assault as defined by the Protection of Children from Sexual Offences (POCSO) Act was overturned by a bench chaired by Justice Lalit in 2023. The SC said, “The concept of POCSO includes ripping through clothing or bedding with the purpose of committing sexual acts. Courts shouldn’t zealously look for ambiguity in plainly stated language. “The aim of the laws cannot be defeated by a finicky, technical interpretation.

One of the richest shrines in Kerala, the historic Sree Padmanabhaswamy Temple, was ruled to be under the management of the former royal family of Travancore by a court led by Justice Lalit, who also held that the rule of “heritability must get attached to a right of Shebait” (servitor) of the temple.

Justice Lalit’s Ideology

While serving as chief justice of India, Lalit has three ideologies to be fulfilled, i.e., increasing openness in the Supreme Court’s case listing, implementing a procedure that allows people to openly bring pressing issues before their benches, and lastly, maintaining a single Constitution Bench all year long.

Likewise, during his leadership, the Supreme Court issued pro-civil rights rulings, including granting bail to journalists Sidheeq Kappan and Teesta Setalvad. However, the chief justice, who is known as the “master of the roster,” has the authority to determine when cases are listed and which bench of judges hears them. As such, his role in the unprecedented, urgent hearing of the appeal against the Bombay High Court’s acquittal of UAPA accused G. N. Saibaba has been called into question.

Justice Lalit’s thoroughness with the matter, patience in clarifying legal problems, and somber demeanor in presenting the case before the bench are listed as his professional skills.

Justice Uday Umesh Lalit retired after eight years as a Supreme Court judge and 74 days of action-packed service as the Court’s 49th Master of the Roster. He departs the revered halls of the Apex Court, having succeeded in his goal of trying to fine-tune the judicial apparatus and giving the legal community a much-needed boost of hope.

FAQs

Q1. On whose recommendation was U. D. Lalit appointed as a judge of the Supreme Court of India?

Ans. Former Chief Justice of India and head of the Supreme Court collegium justice Rajendra Mal Lodha had recommended his elevation to the Supreme Court as a judge. Subsequently, on August 13, 2014, he appointed as a judge of the apex court and became only the sixth lawyer to be directly elevated to the Supreme Court.

Q2. Who has appointed justice Lalit as the Chief Justice of India?

Ans. President Droupadi Murmu has appointed him as the Chief Justice of India on August 27, 2023.

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Wii U Price Chop Shows Console Wars Wearing On Nintendo

Wii U price chop shows console wars wearing on Nintendo

This week the folks at Nintendo have announced that they’ll be giving the Wii U a tune-up just in time for the release of both the Sony PlayStation 4 and the Microsoft-made Xbox One. This reboot of sorts is not one of hardware, but of price: the Wii U Deluxe Set will be cut down $50 to a total of $299.99 starting on the 20th of September. The company has also made clear that this change is to bring a “greater value” to the market, not mentioning the impending wave of competition they’ll be defending against nearer the end of this year.

The Wii U Deluxe set works with the basic Wii U console (in black), 32GB of internal storage instead of 8GB (as delivered with the basic set), a single Wii U GamePad, Wii U GamePad Stylus, Sensor bar, Wii U console and GamePad AC adapters, and a single HDMI cable so you’re ready to roll right out of the box. You’ll also get a Wii U GamePad Stand, GamePad Cradle, and Wii U Console Stand to boot – and the basic Nintendo Land video game so you can start gaming immediately as well.

“There is some contradiction between the current sales balance between the Basic and Premium versions of the Wii U. The basic version should have sold a lot, but the fact of the matter is that people are buying more of the premium version.

So the issue is not there. [Instead it’s] the lack of software, and the only solution is to provide the mass-market with a number of quality software titles.” – Iwata for Nintendo

At the moment it’s not clear what will happen with the price for the basic Wii U set, be it a $50 reduction in price as well (making it $150.99, essentially), or if the basic set will be axed entirely. What is clear is that the Nintendo crew responsible for promoting this console have done so with a single price chop and a push with a big collection of games coming in the fourth quarter of 2013.

These fourth-quarter Wii U game releases include, in short: The Legend of Zelda: The Wind Waker HD (Sept. 20); Super Mario 3D World (Nov. 22); Wii Party U (Oct. 25); Wii Fit U (“holiday season”); Mario & Sonic at the Sochi 2014 Olympic Winter Games (“holiday season”); Scribblenauts Unmasked: A DC Comics Adventure (Sept. 24) and LEGO Marvel Super Heroes (Fall) from Warner Bros. Interactive Entertainment; Skylanders SWAP Force (Oct. 13) and Call of Duty: Ghosts (Nov. 5) from Activision Publishing; Donkey Kong Country: Tropical Freeze (Dec. 6); Sonic Lost World (Oct. 22) from SEGA; Rayman Legends (Sept. 3), Just Dance 2014 (Oct. 8), Assassin’s Creed IV Black Flag (Oct. 29) and Watch_Dogs (Nov. 19) from Ubisoft.

Nintendo has also announced a “limited-edition” Wii U bundle tied in with the launch of the next Zelda title. This Legend of Zelda: The Wind Waker HD Bundle will launch at the same time as the game does digitally, while the physical game disk will not be available until the 4th of October.

This Zelda Wii U works with a Deluxe Wii U setup that includes a GamePad controller “adorned with gold lettering” as well as the gold Hyrule crese and gold symbols from the game series. There’ll also be a download code for a Hyrule Hystoria digital book and a separate code to download the full game. Both the digital download and the physical copy of the game will be launched with a price of $49.99, though if you wait for the physical version, you get a fabulous “distinctive gold-foil packaging” – fancy!

What does all of this suggest to you, the gamer? Does it seem like Nintendo is showing signs of wear now that Microsoft and Sony are edging in on their next-generation console releases, or is this just Nintendo being good ol’ Nintendo? Let us know how it looks to you!

Comment: Apple’s Small Business Program Is A Huge (And Extremely Clever) U

Apple’s new Small Business Program represents a massive U-turn by the company, disguised as something far smaller.

The company has been coming under antitrust fire around the world, with most of the attention focused on the 30% commission it charges to developers. Apple has previously dismissed any suggestion that it should reduce this rate …

Apple’s commission rates are firmly in the mainstream of those charged by other app stores and gaming marketplaces. Competition drives innovation, and innovation has always defined us at Apple. We work tirelessly to deliver the best products to our customers, with safety and privacy at their core, and we will continue to do so.

But the company has now literally halved it.

Of course, Apple’s angle is that it has now halved it for ‘small businesses.’

Apple today announced an industry-leading new developer program to accelerate innovation and help small businesses and independent developers propel their businesses forward with the next generation of groundbreaking apps on the App Store. The new App Store Small Business Program will benefit the vast majority of developers who sell digital goods and services on the store, providing them with a reduced commission on paid apps and in-app purchases. Developers can qualify for the program and a reduced, 15 percent commission if they earned up to $1 million in proceeds during the previous calendar year.

The reality is that the cap of a million dollars a year means that the commission has been halved for, at a conservative estimate, 99% of iOS developers. It would be more accurate to say that the App Store now has a standard commission rate of 15%, doubled to 30% for a small number of very large developers.

But doing it this way is a clever approach, for three reasons.

First, because it means that most developers are now very happy – while Apple still protects its take from the most popular apps which generate most of its commissions. It’s like a very extreme version of the 80/20 rule, where 80% of Apple’s revenue comes from 20% of its developers – but I bet the reality is more like 99/1. Update: It’s 98/2.

Second, Apple has removed a potent weapon used by big players like Epic Games and Spotify. These companies love to pretend they are speaking up for small developers, rather than protecting their own interests. When Apple charges the same commission to a one-person business as it does to a tech giant, that’s a persuasive angle to take. Apple has now robbed them of this PR weapon.

Third, Apple leaves its 15% commission on recurring subscriptions untouched. With an ever-growing number of developers heading down the subscription route in an attempt to generate recurring revenue from their apps, Apple is ensuring that it protects its take here.

With one stroke of Tim Cook’s pen, he has defused one of the biggest antitrust threats to the company, and done so in a way that has a dramatically smaller impact on the company’s bottom-line than reducing the commission rate for everyone.

Some claim Apple can’t innovate any more, but that is a truly innovative solution to a large and growing threat to the company’s business model.

A low-key press release with a 3 am embargo time, released at a time when all the focus is on the company’s new Macs, is actually one of the most important decisions the company has made for years. Well played, Apple.

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A Brief Analysis Of The State Of Drone Market In India

Where do we stand in the drone industry in terms of investments and growth opportunities?

In today’s world,

Investment deficiency

At present, though

New Beginnings

Earlier Indian Government relied on the Chinese market to buy drones for its military and civilian applications. This because of the affordability of the drones of Chinese startups, which is low because of high investments in this market. Also, the Indian Government has imposed a strict ban on the use of UAVs in 2014. Fortunately, it realized its folly, and in October 2023, to support the growth of drone-based services, the Director-General of Civil Aviation (DGCA) first unveiled draft norms for the usage of Remotely Piloted Aircraft Systems (RPAS). This came into effect in December 2023. After the announcement of this policy, a huge wave of excitement buzzed in the drone market and industry stakeholders (investors, end-consumers, startup community, and enterprises). This is because

Growth Drivers

The primary reasons why India has a chance to dominate this industry are, 1. Willingness to try new technologies to address new challenges. 2. Increased awareness about the scope and potential of this technology. Awareness can foster engagement that, in turn, encourages adoption. 3. Presence of knowledgeable and highly-skilled workforce to can reap maximum profits from the drones. This shall also bring immense employment opportunities for the interested youth.

In today’s world, drones have the power to propel a nation’s economy to new heights. These flying robots can contribute to the economy of developing countries like India too. As the global leaders are scrambling on how to restart economy post- COVID -19, drones present a great opportunity here. Since the regulations regarding airspace management are becoming more relaxed and rounded, given adequate avenues of investments, India will be set to soar into a new form of growth and open new markets using these UAVs . But how true is it in reality?At present, though India is one of the top countries among the drone importing nations, funding and innovation have dried up Indian drone startups. According to Inc42 DataLabs’, research report, “ Drone Technology: India Opportunity Report 2023 ”, the total funding raised by drone startups in India from 2014 to 2023 was just US$16.56 million which accounts for a mere 2.26% of the total deep tech funding (US$732 million) in the same period. Meanwhile, our neighbor nation China ramped up its investments up to 14x more (US$239 million) than India during 2014-18. This raises an important question that is our nation conducive to the drone market.Earlier Indian Government relied on the Chinese market to buy drones for its military and civilian applications. This because of the affordability of the drones of Chinese startups, which is low because of high investments in this market. Also, the Indian Government has imposed a strict ban on the use of UAVs in 2014. Fortunately, it realized its folly, and in October 2023, to support the growth of drone-based services, the Director-General of Civil Aviation (DGCA) first unveiled draft norms for the usage of Remotely Piloted Aircraft Systems (RPAS). This came into effect in December 2023. After the announcement of this policy, a huge wave of excitement buzzed in the drone market and industry stakeholders (investors, end-consumers, startup community, and enterprises). This is because drones offer a plethora of use-cases like surveying and monitoring public and traffic to gathering precise spatial data that can help in India’s smart city planning and administration. Local affiliates and startups are also using drones for agriculture, aerial surveillance of forests, film making, and many more. According to a study conducted by UnearthInsight, it is predicted that the market for commercial end-use of drones in India might hit the US$1 billion mark by chúng tôi primary reasons why India has a chance to dominate this industry are, 1. Willingness to try new technologies to address new challenges. 2. Increased awareness about the scope and potential of this technology. Awareness can foster engagement that, in turn, encourages adoption. 3. Presence of knowledgeable and highly-skilled workforce to can reap maximum profits from the drones. This shall also bring immense employment opportunities for the interested youth. At the same time, drones are turning into B2B and B2C segments for higher scope and investments. E.g., Skylark Drones, a Bengaluru-based data analytics startup, has teamed up with Tata Steel to deploy drones at Tata’s Noamundi iron ore mines in Jharkhand, for compliance reporting and monitoring volumetric production. Zomato, one of India’s largest food-tech firms, has acquired TechEagle to deliver its promise of drone delivery in the country. These examples highlight that things are about to get favorable from the domestic drone industry and therefore drive its growth and R&D investments.

Exclusive Interview With Anthony Kilili, Head Of Dunnhumby India

The consumer packaged goods (CPG) and retail industry faces major challenges globally with an uncertain economy, digital competition, and a new generation of customers who are highly demanding and informed.  Today’s disruptive innovations have opened up avenues for CPG and retail companies to improve market share and margins. Analytics Insights spoke to Anthony Kilili, Head of dunnhumby India to understand how insights related to sales, inventory and customers are extremely crucial and how the company offers solutions which help retailers and CPG companies drive significant decision-making.   Analytics Insight: Kindly brief us about the company, its specialization and the services that your company offers? The existence of a Media Business alongside our Retail Analytics tools & consulting makes our offering and competitive positioning rather special: we have a unique product and service portfolio for retailers and CPGs. In order to fully harness the benefits of customer analytics, a clear and comprehensive customer focused strategy is required supported by appropriate team structure. The first step in this process is to ensure data management and utilisation is optimised in secure fashion. dunnhumby can support both the development of customer data management and optimisation all the way through to execution of customer and media strategy. We can both enhance and execute a retailer’s customer-focused strategy, whilst developing collaborative relationships with CPGs. dunnhumby can effectively, and quantitatively elevate & demonstrate marketing effectiveness, whether it be a new product launch, or a branded media campaign online or instore.   Analytics Insight: What is your biggest USP that differentiates the company from competitors? Anthony: dunnhumby has more than 30 years’ experience in customer data science, with presence in 27 countries, analysing insights from more than 800 million shoppers globally and delivering almost 5 billion personalised shopping offers. It uses customer data science to deliver exceptional customer experiences in-store, offline, and online. dunnhumby has arguably the best science in the world. When we apply our IP to transactional data, we can build a powerful picture of what people are actually purchasing and work with retailers and suppliers to make good business decisions that put the customer first. Grocery is our primary specialisation. Our first priority when working with a retailer is to look at what products they sell, and what store they should sell them in. Our next step is to organise the approach to promotions We look at •  Who are your customers •  Why they come to store •  What they buy and when We create revenue for retailers by offering services to manufacturers as data is valuable insight.   Analytics Insight: Please brief us about the products and services you provide to your customers and how do they get value out of it. Anthony: dunnhumby partners with both retailers as well as manufacturers. The retailer engagement model works either as a long-term joint venture or as a small to medium term contract. We work with retailers like Tesco, COOP, Homeplus etc. Our engagement with manufacturers works either as small to medium term contract for SHOP and/or through custom insight solutions that dunnhumby offers to its manufacturer partners across a broad spectrum. We also work closely with CPGs like Pepsi, Coke, P&G, Unilever, Cadbury, Nestle etc. dunnhumby always puts the customer first. We work with retailers and CPGs to build long-term loyalty and drive incremental sales by delivering the most relevant and personalised experience for Customers. We build foundations of: •  Customer Insights •  Audiences •  Channels •  Propositions We use our science to help you see, engage and serve your customers in a more effective way that brings commercial benefit to your business. Our Customer Centricity Study shows that customer – led businesses outperform their competition with the top 25% achieve +3% growth in L4L sales and 7% growth in market share This underpinning of prescriptive analytics and machine-learning forecasting means we have learned how to uncover and unlock opportunities to find wasted investments in Customers, to conserve and optimize only those investments that work to grow loyalty and sales, and to commercialise your data assets. And the areas where we can help?

  Analytics Insight: What’s your growth plans for the next 12 months? Anthony: In the last 12 months we grew our client base by 25% which we will continue to nurture. We have significant growth plans as we explore new industries and geographies as well as deepen our work with Retail where there is still incremental opportunity. For example, we have recently launched in Australia and New Zealand where we hope to build into one of our top 5 markets globally in the next 3-5 years. We have also launched a new media business where our operating model (OM) combines media, science and partnership capabilities to build connected media plans. These bring together offline and online customer experiences, resulting in seamless, personalised campaigns with measurable and actionable results that businesses will be able to benefit from.   Analytics Insight: What is the size of analytics team at dunnhumby? Anthony: 25% of our workforce are data scientists and analysts.   Analytics Insight: How does your company’s strategy facilitate the transformation of an enterprise? Anthony: Strategically we have evolved our offering to be able to work with retailers in many ways to ensure that we can be flexible in our offer. Some just need software if they have their own talent pool and established team and some need a whole dedicated dh team to work for the retailer specifically. This means we are flexible in how we work and who we can work with. We bring our long-standing knowledge from 30 years of experience and our world leading science to businesses but applying the theory of putting the customer at the heart of every decision, which ultimately transforms results for the business. Many companies have a huge amount of data these days. But knowing what to do with it, having the science to apply to it along with the knowledge to create insights and capability to action is rare. That is the value dunnhumby can bring. Few case studies •  Kroger achieved 53 quarters of L4L growth even throughout the recession when all other grocery retailers declined. •  Our Customer Centricity Study shows that customer – led businesses outperform their competition with the top 25% achieve +3% growth in L4L sales and 7% growth in market share. •  Shoprite achieved margin and revenue growth of +1.5% by partnering with dunnhumby including +19% profit from analysis of core product assortment and 2-8% category sales uplifts. •  Coop Norge achieved +24% sales and shelf improvements in 13 weeks and +8% more baskets – +61% customers buying front page items and+1% L4L growth with new promo flyers.   Analytics Insight: What is the reason that organisations are using analytics/big data/AI/ML/Big Data Analytics? Anthony: Big data analytics have taken a predominant spot in the corporate world as numerous case studies arise on how businesses have been positively transformed through data-driven decisioning. Big data analytics enable companies to make more informed decisions, a crucial point in competitive differentiation. Application of analytics provides gains in terms of cost reduction (e.g. by using predictive models to optimize marketing budgets), faster time to action (e.g. by using real-time data streaming analytics for online product recommendations) and innovation (e.g. by understanding customer needs and personalizing offerings to meet those needs). To remain relevant, organizations across all economic sectors will need to mine through the vast amounts of available data to find actionable insights needed in an era where customer demands are rapidly changing and the competition is continuously innovating.   Analytics Insight: How are disruptive technologies like Big Data analytics/AI/Machine Learning/Cloud Computing impacting today’s innovation?   Analytics Insight: What have been the most significant challenges that you have faced at the forefront of analytics? Anthony: One of the big challenges is a shortage of talent. The demand for data science professionals continues to increase as more organizations switch to big data strategies. Successful data scientists are proficient in Advanced Analytics methods such as Machine Learning, they are savvy programmers and can quickly understand the business context. This combination of skills is not easily found at scale. This can be mitigated by working with specialized third-party data science partners.   Analytics Insight: What are business benefits of handling data analytics & implementing a real time decisioning platform?   Analytics Insight: Can you throw light on the latest employment trends in big data and analytics industry?

Parties To The Suit: Civil Procedure Code Of India

The people are free to choose, a method for resolving their conflict. If one party to a dispute chooses to file a civil suit in court to resolve his dispute and seek legal remedies, the other party has to plead his defence and tell the court why he is not entitled to such a remedy. Now suppose the plaintiff is not aware of the party against whom he is entitled to get remedy. So in that situation, it would be difficult to do justice and give the remedy to the plaintiff. So in every suit, there must be at least one plaintiff who institutes the suit and one defendant against whom the suit is filed.

Provisions of the Code of Civil Procedure 1908

The plaintiffs and the defendants are two necessary parties to every suit. However, there may be any number of plaintiffs or defendants in one suit, but at least one of each is necessary.

The plaintiff has to be careful in selecting the opposite party, i.e., the defendant, against whom he wants to file a suit for damages. Now suppose there is more than one person against whom the plaintiff is entitled to claim, but in the suit he has not mentioned that person as a defendant. And later on, he realises his mistake and wants to make him the defendant. The law permits him to do so.

The Code of Civil Procedure (1908), provides under Rule 1 of Order I, for the joinder of plaintiffs and Rule 3 of Order 1 Rule 3 for the joinder of defendants.

Who is a Necessary Party?

A necessary party is one without whom no order can be effectively made. Therefore, the “necessary party” is that party without whose presence the suit must fail. This way, a necessary party is a mandatory party to the suit.

Who is the Proper Party?

A proper party is one in whose absence an effective order can be made but whose presence is necessary for the complete and final disposal of the case.

To understand the concept of necessary party and proper party, let us consider a case where a tenant is required to be evicted from the tenanted premises by the landlord on the ground that he (tenant) has violated a provision of the agreement that he will not sublet the premises. So the landlord filed a suit for eviction against the tenant. In this case, the tenant is a necessary party; however, the sub-tenant will be a proper party.

Joinder of Parties

The main purpose for joinder of parties is to ensure that the suits can be finally and conclusively decided on merits in presence of all parties.

When Plaintiffs may be Joined

The provisions of Rule 1 of Order 1 of the Code of Civil Procedure provide who may be joined as plaintiffs in a suit. This Rule provides that all such people may be joined as plaintiffs in one suit who have, in their own right, a claim arising out of the same cause of action alleged in the suit. And if such people brought separate suits, a common question of law or fact would arise in all of them.

When Defendants may be Joined

The provisions of Rule 3 of Order 1 of the Code of Civil Procedure provide who may be joined as a defendant in a suit. This Rule provides that all such people may be joined as defendants in one suit, if there exists a claim against all such persons, whether jointly, severally, or in the alternative, arising out of the same cause of action as alleged in the suit; and if separate suits are brought against all such persons, then in all such suits any common question of law or fact would arise.

Striking out, Addition, or Substitution of Parties

As a general rule, it is the pleasure of the plaintiff to select his opponent. The courts should not interfere in it. However, the court also has a duty to ensure that all parties involved in the dispute are present in order to provide complete justice and avoid a multiplicity of suits.

Addition or Substitution of Plaintiff

The provision contained under Rule 10(1) of Order I, provides for adding or substituting plaintiffs. However, for adding or substituting a plaintiff, the following conditions must be fulfilled: (1) The suit has been filed in the name of the wrong plaintiff, a bona fide mistake. and (2) that the substitution or addition of the plaintiff is mandatory for doing complete justice in the suit.

Striking out or Adding Parties

The court has the power to strike out or add a party to the suit under the provisions contained in Rule 10(2) of Order I. The court must add a party if it appears to the court that he is a necessary party for doing complete justice in that case. Further, if it appears to the court that a party is not required for the complete disposal of the case and that party has been added to the suit unnecessarily, the court has the power to strike out such party from the suit.

How to add a minor to the suit as a party?

If a minor person has an interest in the subject matter of the suit, he may be added to it under the guardianship of an adult person who does not have conflicting interests with the minor’s. If the minor is to be named as a plaintiff, he must do so through a next friend.

As per the provisions of Rule 1 of Order XXXII, every suit by a minor shall be instituted in name by a person who, in such a suit, shall be called the next friend of the minor. And if a suit has been instituted against a minor without the next friend, the defendant may apply to the court to have the plaint, be taken off the file. In that case, the court may levy costs against the pleader or the person who filed the suit.

Further if the suit has been filed against a minor making him a defendant in the suit.  As per the provisions contained in Rule 3 of Order XXXII, the court shall appoint a proper person to be guardian of such minor for the suit.

Case Laws

In the case of Kasturi v. Iyyamperumal, the Supreme Court has laid down the following two tests to determine whether a particular party is a necessary party to a proceeding or not:

There must be a right to some relief against such a party in respect of the matter in issue.

It is not possible to pass an effective decree in his absence.

In Anil Kumar v. Shivnath, the Hon’ble Supreme Court observed that the object of the rule of necessity is to bring on record all persons who are parties to the dispute relating to the subject matter so as to avoid multiplicity of proceedings and inconvenience. 

Conclusion

The object of the rule of necessity is to promote the cause of justice. It ensures that all the persons who have any interest in the dispute relating to the subject-matter, must be brought before the court at the same time for complete and final disposal of the matter, thereby avoiding multiplicity of litigation and inconvenience to the other parties.

Frequently Asked Questions

Q1. What is the effect of the misjoinder or non-joinder of parties to suit?

Ans: According to Rule 9 of Order I of CPC, a suit shall not be dismissed because of the misjoinder or non-joinder of a party. However, if a party is a necessary party to the suit, then it is the duty of the court to bring that party on the record of the suit for the interest of justice.

Q2. Which provision of the Code of Civil Procedure provides for striking out one of the parties from the suit?

Ans: The provision contained under Rule 10(2) of Order I the Code of Civil Procedure 1908 is for the purpose of giving necessary powers to the court to strike out the name of the party improperly joined in the suit as well as to add the name of the party who appears to the court to be a necessary or proper party to the suit.

Q3. What is the procedure for adding a minor as a plaintiff to the suit?

Ans: According to Rule 1 of Order XXXII of the Code of Civil Procedure, a minor may be added as a plaintiff to a suit through a next friend, who must be a major and not have a conflict of interest with the minor.

Q4. What is the purpose of Rule 10 of Order I the Code of Civil Procedure, 1908?

Ans: The provision contained under Rule 10 of Order I the Code of Civil Procedure 1908 is for adding or substituting plaintiffs in the suit.

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