IMPORTANT POINT
The court upheld the trial court's decision, emphasizing the principle of dominus litis and the criteria for necessary parties under CPC.

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:

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and :-

(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 plaintiff/respondent no. 1 filed a suit (Annex.1) for possession, permanent injunction and recovery before the learned District Judge for the plot situated at Khasra No. 734. Jhalamand Circle, near Saraswati Nagar, Jodhpur in response to which the petitioner/ defendant no. 1 and defendants/respondents no. 2 to 4 filed their reply. In the meanwhile, the petitioner preferred an application (Annex.2) under Order I Rule 10 of the CPC, seeking impleadment of the Sub-Registrar Office, Jodhpur and the Additional Collector (Agriculture Land Conversion), Jodhpur as defendant no. 5 and 6 respectively.

4. Learned Trial Court after hearing the matter, vide order dated 08.08.2024 (Annex.3) rejected the application filed by the petitioner-defendant no. 1 filed under Order I Rule 10 of the CPC. Thus, aggreived of the order dated 08.08.2024 (Annex.3) passed by the learned Trial Court, the petitioner-defendant no. 1 has preferred the writ petition.

5. Learned counsel for the petitioner-defendant no. 1 submits that the learned Trial Court has erred in rejecting the application filed by the petitioner-defendant no. 1 for impleading the necessary parties inasmuch as it has been averred in the plaint that the respondent no. 1 had purchased the said property in dispute on the basis of false and fake documents and that, the documents of the Patta issued on 09.09.1991 as stated in the suit, have not been taken on record in the Sub Division Office, therefore, the Sub-Registrar Office, Jodhpur and the Additional Collector (Agriculture Land Conversion), Jodhpur, are required to be impleaded to the suit, in order to determine the veracity and the validity of the documents produced on the basis of which plaintiff/respondent no.1 had purchased the property.

6. Learned counsel for the petitioner-defendant no. 1 also relied upon the judgment rendered by the Hon'ble Apex Court in the case of Baluram v. P. Chellathangam & Ors. reported in AIR 2015 SC 1264, wherein the Hon'ble Apex Court has observed that the Court can add anyone as plaintiff or as a defendant if it finds that he is a necessary party or proper party and therefore, she submits that the learned Trial Court has erred in not impleading the Sub-Registrar Office, Jodhpur and the Additional Collector (Agriculture Land Conversion), Jodhpur, even when they are a necessary party to the suit, required for determing the validity of the documents produced, on the basis of which the plaintiff/respondent no. 1 had purchased the said property.

7. Heard learned counsel, perused material available on record and judgment cited at the Bar.

8. This Court finds that, under Order I Rule 10 of the CPC, for determing whether a party is a necessary party or not, it is important to ascertain that he is bound by the result of the action and the quest