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DINESH MEHTA
Ratan Lal – Appellant
Versus
Municipal Corporation Jodhpur – Respondent
JUDGMENT
1. By way of present writ petition, the petitioner has challenged the order dated 02.03.2019, whereby learned Additional District Judge, No.4, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as, 'the Trial Court') has allowed the respondents' impleadment application dated 27.11.2018.
2. The facts appertain are that the petitioner-plaintiff filed a suit for injunction and mandatory injunction, inter alia, stating that his predecessor and after him, the petitioner has been having possession over the land and thus, the Municipal Corporation be restrained from interfering in his peaceful possession.
3. During the pendency of the suit aforesaid, the respondents Nos.4 to 12 herein moved an impleadment application, inter alia, stating that the subject land is covered by a patta granted in favour of their predecessors Rampyari Devi and Shanti Devi and any order passed in the suit will adversely affect their rights and hence, they are necessary parties in the suit.
4. The learned Trial Court, after hearing the applicants and the petitioner, allowed the impledment application so filed and impleaded them as defendants.
5. Challenging the order dated 02.03.2019, Mr. Soni, learned co
The main legal point established in the judgment is the application of Order 1 Rule 10(2) C.P.C. and the principles regarding impleadment of parties as laid down by the Hon'ble Apex Court in the case....
Impleadment as part defendant in suit – Legal claim of petitioner cannot be defeated merely on the ground of delay or advance stage of proceeding of suit.
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.
Object of Order 1 Rule 10 CPC is that person whose presence is necessary before Court, is made a necessary party to effectually adjudicate upon rights of parties and settle all questions involved in ....
In a suit for permanent injunction, parties may be impleaded if their presence is essential for complete adjudication, even if the suit does not directly resolve their rights.
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