Back
SAMEER JAIN
Union of India – Appellant
Versus
Additional District And Session Judge No. 3 Ajmer – Respondent
ORDER
1. Being aggrieved and dissatisfied with the impugned order dated 11.03.2011 passed by ADJ No.3 Ajmer in Civil Suit No. 116/2010, whereby the application filed by the petitionerdefendant under Order 1 Rule 10 of CPC was dismissed, the present writ petition is filed under Article 227 of Constitution of India.
2. Leaned counsel for the petitioners submit that the respondent-plaintiff initiated a suit for eviction and possession against the petitioner-defendant. During the proceedings, the petitioner-defendant filed an application under Order 1 Rule 10 of CPC to implead the alleged tenant of the respondent-plaintiff; District Collector, Ajmer; Nagar Parishad Ajmer; and Municipal Corporation, Ajmer. However, the same was dismissed. Learned counsel contends that the petitioners had purchased the land in question from government in compliance of the order given by District Collector Ajmer, and in pursuance thereto, the land was allotted to the petitioners by Nagar Parishad. The possession of the same was handed over to the petitioners by the Municipal Corporation/Nagar Nigam, after completing all the formalities and after depositing the due requisites. The petitioner have constructed
Plaintiffs are dominus litis – Unless court suo motu directs to join any other person not party to suit for effective decree and/or for proper adjudication as per Order 1 Rule 10, CPC, nobody can be ....
The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
A necessary party must be joined in a suit to ensure effective adjudication, as per Order 1 Rule 10 of the CPC.
A person claiming possession of land, not impleaded as a party by the Bhumiswami, is a necessary and proper party to the proceedings under Section 250 of the M.P. Land Revenue Code, 1959.
Procedural rules should facilitate justice, allowing for the admission of necessary documents and clarifying criteria for adding parties.
In a suit for permanent injunction, parties can only be added if they are necessary for adjudication; plaintiffs hold the discretion to determine who is included without compulsion to add parties not....
The presence of a party whose presence is necessary to determine the real issue in controversy should be permitted in a civil suit. A suit for injunction can include parties whose presence would enab....
The correctness of the pleadings should be adjudicated after considering the evidence in the trial, and the trial court must consider the aspect of subsequent events when dealing with applications fo....
The court upheld the trial court's decision, emphasizing the principle of dominus litis and the criteria for necessary parties under CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
