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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRAFULLA S.KHUBALKAR
Pushpendra kumar Keshrilalji Sharma – Appellant
Versus
Rajendra Onkarprasad Gautam – Respondent
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
RULE. Rule is made returnable forthwith and heard finally with consent of the learned counsel for the parties.
2. This petition takes exception to the order dated 18.04.2024 passed by the trial Court rejecting the petitioners’ application under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) for addition of parties in Regular Civil Suit no.134 of 2023.
3. The respondent no.1 has filed the suit against the respondent no.2 seeking declaration and permanent injunction with respect to the notice of demolition dated 01.03.2023 with respect to unauthorised construction made by the respondent no.1. The respondent no.2-defendant in the suit filed his written statement and the suit was proceeded. During pendency of the suit, the petitioners’ filed application under Order I Rule 10 of the Code seeking their impleadment as parties to the suit by alleging that they are owners of the suit property. This application was opposed by the original plaintiff and it came to be rejected by order dated 18.04.2024 which is subjected to challenge by way of instant petition.
4. Assailing the impugned order, the learned counsel for the petitioners
The court ruled that only necessary parties may be added to a suit, and the principle of dominus litis limits parties to those without whom effective adjudication cannot occur.
The main legal point established in the judgment is that the court is empowered to permit the landlord/owner to be impleaded as a proper party in a suit filed by the occupier/tenant/licensee seeking ....
The court clarified the criteria for necessary parties under Order 1 Rule 10 of the Code of Civil Procedure, emphasizing that a party's independent claim does not warrant inclusion in a suit if it do....
The court has the discretion to add necessary or proper parties to a suit to effectively adjudicate the questions involved, and a person must be directly or legally interested in the action to be add....
In eviction suits, only landlord and tenant are necessary parties, while co-owners do not have a right to join against the plaintiff's wishes, as it alters the nature of the lawsuit.
A plaintiff in a civil suit is the dominus litis and cannot be compelled to implead parties against their will unless their involvement is necessary for just adjudication.
Intervention application – Being masters of their lis, petitioners cannot be made to contest or fight against an opponent who, in eyes of plaintiffs, has no concern with suit land and has not been ca....
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