The determination of necessary parties under Order I Rule 10(2) CPC relies on judicial discretion, emphasizing the dominus litis principle, as a plaintiff cannot be compelled to include parties against their will.

JUDGMENT

Sudhir Kumar Jain, J.

CM(M) NO 51983 OF 2018 (Application for Impleadment).

1. This order shall decide an application under Order I Rule 10(2) read with Order I Rule 8A and section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") filed by the applicant O.P.Khaitan (HUF) for impleadment.

2. The factual background as appearing from record and necessary to mention to decide present application is that R.B.S. Basakha Singh was lessee of piece of plot admeasuring 1.398 acres bearing no 6-A, block no. 11, known as 3& 4, South End Road Lane, New Delhi-110001 vide registered perpetual lease deed dated 04.11.1942 effective from 23.04.1929 executed between Governor-General in Council and R.B.S. Basakha Singh. R.B.S. Basakha Singh transferred right, title and interest in respect of said plot along with built up structure thereon in favor of his daughter namely Bibi Barrinder Kaur (now known as Birender Amarjit Singh) vide registered Gift Deed dated 14.04.1947. Birender Amarjit Singh transferred rights, title and interest in respect of one-half share in said plot in favor of her son namely Inder Vijay Singh and two daughters namely Tavleen Singh and Udaya Hardev Singh vide Gift Deed dated 25.03.1971.

3. M/s General Marketing and Manufacturing Company Ltd. (GMMCL) was a tenant in respect of said plot/property. Birender Amarjit Singh entered into an agreement dated 23.07.1971 with GMMCL vide which GMMCL had agreed to vacate said plot/property with condition that after reconstruction of said plot/property, GMMCL would be inducted as tenant in respect of a flat measuring 1800 sq. feet on the 9th floor @ monthly rent of Rs.1300/- and said agreement was made to be valid for period of 10 years only from the date of handing over of the possession of the flat in the new building complex. Birender Amarjit Singh, Inder Vijay Singh, Tavleen Singh and Udaya Hardev Singh also entered into a Collaboration Agreement dated 08.09.1979 with M/S Kailash Nath & Associates for building and development of multi-story Group Housing Scheme (Gauri Apartments) on said plot with rights to M/S Kailash Nath & Associates to sell and dispose of residential flats to be constructed on said plot.

4. GMMCL after reconstruction of building initiated legal proceedings against Birender Amarjit Singh & others and entered into an agreement dated 21.08.1984 before the Supreme Court in Civil Appeal No 2684-85 of 1984 whereby Birender Amarjit Singh, Inder Vijay Singh, Tavleen Singh and Udaya Hardev Singh had agreed to hand over a flat measuring 1800 sq. feet to GMMCL and accordingly the Civil Appeal was disposed of vide order dated 21.08.1984. GMMCL entered into Deed of Assignment dated 30.11.1987 with O. P. Khaitan (HUF) i.e. applicant whereby assigned its right in respect of the said flat to the applicant and thereafter, the applicant sublet the flat to the respondent (erstwhile Birla VXL).

5. The appellant claimed to have invested his hard earned money for purchase of a flat in Gauri Apartments and entered into an agreement dated 30.01.1989 with Birender Amarjit Singh, Inder Vijay Singh, Tavleen Singh and Udaya Hardev Singh and partners of M/S Kailash Nath & Associated for purchase of a flat admeasuring 2200 sq. feet (space area). The plaintiff became member of Gauri Apartments and paid update subscription. The appellant also claimed to be allotted flat bearing no 12, 3-4, South End Lane, New Delhi and was occupant in possession of said flat. The appellant also took loan from New Bank of India, Tolstoy Marg by hypothecated said flat. The appellant also carried out renovation in said flat. The appellant when agreed to purchase a flat in Gauri Apartments from M/s Kailash Nath & Associates was not aware of legal proceeding pending between Barinder Amarjit Singh & others and GMMCL.

6. The applicant filed an application bearing IA no 1/1990 in Civil Appeal No 2684-85/84 before the Supreme Court for directions to Birender Amarjit Sin