ABSTRACT

TOPIC - CO-RELATION BETWEEN PARTIES TO THE SUIT & LOCUS STANDI

The civil cases, start with the institution of the case by one party against the another
party and the competent court decides the rights and liabilities of the parties. Word
'party' in a suit means litigant. In other words 'party' in this sense refers to a person
who has part to play in the proceeding of the suit. Order I of the Code deals with
the parties to the suit. ‘Parties’ is one of the essential of the suit. It also deals with
the joinder, misjoinder, non parties and also representative suits.

In every suit there must be at least one plaintiff and one defendant. Plaintiffs and
Defendants are two parties to the suit but there can be multiple plaintiffs and
defendants and then there will be question of joinder of parties. It may be joinder of
plaintiffs or it may be joinder of defendants.

Every suit must contain the cause of action, which refers to the cause or set of
circumstances which leads up to a suit. The subject matter of the suit is the right or
property claimed in the suit. The court adjudicates upon the right of the parties with
regard to the subject matter in dispute.

Locus Standi means the legal capacity to sue or approach courts. In legal terms, Locus Standi
essentially applies to a plaintiff’s attempt to show to the court that there is ample relation or
correlation or cause of action to the plaintiff from the suit. In other terms, it applies to a
person’s capacity to put a case before the court of law or to testify before the court of law. If
there is no locus standi, the person cannot be a party to the suit.

This project will explain the provisions of locus standi and Parties to suit in details with help
of case laws. It will also relate the need for locus standi to be a party too the suit.
ARTICLES REFERRED TILL NOW

 PLEADING, DRAFTING AND CONVEYANCING,

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 PARTIES TO SUIT,
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 Philosophical basis of public interest in India, concept, and scope of locus standi,
https://blog.ipleaders.in/philosophical-basis-public-interest-india-concept-scope-
locus-standi/
 Concept of Locus Standi, https://www.ilms.academy/blog//concept-of-locus-standi

CASES REFERRED/ CASE ANALYSIS TO BE DONE

 A. Shanmugam vs Ariya, (2012) 6 SCC 430 – LOCUS STANDI

 Ramesh Hiranand Kundanmal vs Municipal Corporation Of Greater bombay, 1992
SCC (2) 524 – PARTIES TO THE SUIT

DRAFT CHAPTERISATION

1) PARTIES TO THE SUIT

a) MEANING, SCOPE
b) JOINDER OF PARTIES
c) NECESSARY AND PROPER PARTY
d) NON JOINDER - MIS JOINDER
e) STRIKING OUT, ADDITION OR SUBSTITUTION OF PARTIES
f) REPRESENTATIVE SUIT (ORDER I RULE 8)
2) LOCUS STANDI
a) ORDER 7 RULE 11
b) LOCUS STANDI AND REJECTION OF PLAINT
3) RELATION BETWEEN LOCUS STANDI AND PARTIES TO A SUIT
4) CASE ANALYSIS
a) SHANMUGAM VS ARIYA
b) RAMESH HIRANAND KUNDANMAL VS MUNICIPAL CORPORATION OF
GREATER BOMBAY
5) CONCLUSION