ORDER :

1. This writ petition is directed against the order dated 2.8.2022, whereby the First Civil Judge Class-II, Kota, District Bilaspur in Civil Suit No.35A/2017, arising out of the order dated 9.3.2022, whereby the application under Order 1 Rule 10 of the Code of Civil Procedure to implead the seller of the disputed property in favour of respondent No.1/defendant No.1 has been dismissed.

2. Mr.U.P.S.Sahu, learned counsel for the petitioners, would submit that original plaintiff late Sipat had filed a civil suit for declaration of title and permanent injunction as defendant No.1 has illegally purchased the suit property vide sale deed dated 15.7.2015. In the said suit, the plaintiffs have moved an application for seeking to implead the seller of the suit land. The trial Court has rejected such application though as per the principles of dominus litus, the seller is necessary party. So, in rejecting the application, the trial Court has committed an error and prays to set aside the impugned order and direct to the concerned trial Court to allow the application to implead seller as a party to the suit.

3. I have heard learned counsel for the petitioner and perused the documents annexed with writ petition.

4. Order 1 Rule 10(2) of the Code of Civil Procedure empowers the Court may struck out or add parties which reads thus:

“(2) Court may strike out or add parties. The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.”

5. It is well settled law that a person may be added as a defendant to a suit though no relief may be claimed against him, provided that his presence is necessary for complete and final decision of the questions involved in the suit. Such a person is called a proper party. A person may not be a necessary party, yet he may be proper party. So, the plaintiffs, who are dominus litus, filed an application to implead the seller of the disputed land as party defendant. It ought to be added in the suit and appears to be proper party for complete adjudication.

6. Accordingly, the writ petition is allowed and the impugned order dated 2.8.2022 is set aside. The trial Court is directed to allow the petitioners for impleadment of the seller by suitable application for amendment. After amendment in the plaint, copies of the summons and plaint shall be served to the newly added defendant and decide the suit in accordance with law. The petitioners/plaintiff shall also pay cost of Rs.1,000/ to defendant No.1 before such amendment for causing delay in furtherance of the suit. A copy of this order be sent to the concerned trial Court for necessary compliance. No cost(s).