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2015 Supreme(Del) 3101

VALMIKI J.MEHTA
Microsoft Corporation – Appellant
Versus
Sujan Kumar – Respondent


Advocates:
Advocate Appeared:
Ms. Safia Said

JUDGMENT :

Valmiki J. Mehta, J.

I.A. No.26118/2015 (exemption)

1. Exemption allowed subject to just exceptions.

I.A. stands disposed of.

2. I must begin this judgment with the statement that it is unfortunate that certain plaintiffs, and if I may say so certain lawyers also, in spite of obvious legal positions and also obvious legal propositions, such litigants/plaintiffs as also their lawyers insist on taking chances by filing the suits which are in violation of the mandatory provisions of law stated in the Code of Civil Procedure, 1908 (CPC) pertaining to joinder of parties and causes of action. The reason for stating this preliminary statement is because plaintiffs in this suit allege violation of copyrights of its softwares by a total of five defendants-companies in the suit but each of the five defendants-companies are independently alleged to be violating copyrights of softwares of the plaintiffs without violation by one defendant-company being related to violation by the other. Putting it in other words, it is not that one main defendant is violating the copyrights of the softwares of the plaintiffs and other defendants are claiming only through that one main defendant. Each defe




















































































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