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NUPUR BHATI
Satay Narayan Gaur, S/o. Mangilal Ji Gaur – Appellant
Versus
Anjana, D/o. Dau Lal Ji Ropiya, W/o. Ghewar Chand Ji Mangal – Respondent
ORDER :
(Nupur Bhati, J.)
1. This writ petition has been filed by the petitioner-defendant under Article 226 and 227 of the Constitution of India challenging the order dated 08.08.2024 (Annex.3) passed by learned Additional District Judge, Jodhpur in Case No. 173/2014, whereby the application under Order I Rule 10 of the Code of Civil Procedure, 1908 ('CPC') filed by the petitioner-defendant, has been rejected.
2. The writ petition has been preferred with the following prayers:
(A) By an appropriate writ order or direction the order impugned dated 08.08.2024 (Annex.2) passed by Additional District Judge no. 3, Jodhpur in Suit No. 20/2010 titled as Smt. Anjana V/s Satay Narayan Gaur & Ors. may kindly be quashed and set aside and the application filed by the Petitioner under order 1 Rule 10 CPC may kindly be allowed as prayed for.
(B) Any other appropriate order or relief which this Hon'ble court may deem just and proper in the facts and circumstances of this case may kindly also be passed in favour of Favour the humble Petitioners.”
3. Briefly stated, the facts of the case are that
The court upheld the trial court's decision, emphasizing the principle of dominus litis and the criteria for necessary parties under CPC.
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 ....
The court emphasized the necessity of including all parties with direct interest in a suit for comprehensive adjudication, rejecting the exclusion based solely on prior dismissals.
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.
Procedural rules should facilitate justice, allowing for the admission of necessary documents and clarifying criteria for adding parties.
The court affirmed that a necessary party is one whose presence is essential for the effective adjudication of a suit, and the trial court has the discretion to add such parties under Order I Rule 10....
The court affirmed that a plaintiff's right to join parties (dominus litis) is subject to judicial discretion, and a proposed party must be necessary for a complete adjudication of the suit.
Implead of party - Suit for permanent injunction against the Government and when admittedly the property belongs to the Government the presence of the petitioner who claims to have purchased the said....
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