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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Arvind Kumar S/o Bhagwati Lal Dhiliwal – Appellant
Versus
Shivnath S/o Kishan Nath – Respondent
| Table of Content |
|---|
| 1. factual basis for specific performance and cancellation of sale deed (Para 2 , 3) |
| 2. impleadment of dinesh sharma as a necessary party denied (Para 4) |
| 3. arguments of petitioner on dominus litis and necessity for impleadment (Para 5) |
| 4. counterarguments regarding the lack of clean hands and motives (Para 6) |
| 5. judicial discretion in impleadment and its limits (Para 8) |
| 6. conclusion on dinesh sharma's necessity in the suit (Para 9 , 10) |
| 7. rejection of similar prior application establishes consistent judicial stance (Para 11 , 12 , 14 , 15) |
| 8. scope of judicial review under article 227 (Para 16 , 17) |
| 9. final dismissal of the writ petition (Para 18 , 19) |
ORDER :
1. The present writ petition has been filed challenging order dated 29.07.2025 passed by Court of learned Additional District and Sessions Judge No. 2, Chittorgarh (“learned trial court”) in Civil Original Suit No. 3/2026 (Arvind vs. Shivnath & Ors.) rejecting the application of petitioner-plaintiff filed under Order 1 Rule 10 CPC and refusing to implead Shri Dinesh Sharma S/o Shri Nandlal Sharma, as party-defendant in suit proceedings.
2. Facts giving rise to the present writ petition are stated in succinct as below
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.
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.
The court may compel the addition of necessary parties to a suit despite the plaintiff's choice, ensuring all interested parties can be adjudicated effectively.
A court may exercise discretion to add necessary or proper parties in a suit for effective adjudication, distinguishing necessary parties (essential for decree) from proper parties (important for adj....
The court emphasized that a necessary or proper party can only be added if it is essential for effective adjudication and not against the wishes of the dominus litis principle.
The main legal point established in the judgment is that the impleadment of a party is not necessary if no legal right has been created in their favor, and their presence is not required to effective....
The court affirmed the principle that parties with substantial interest must be joined for effective adjudication in specific performance suits, emphasizing judicial discretion under Order 1 Rule 10.
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.
An applicant seeking impleadment must demonstrate a direct legal interest and right to relief concerning the controversy in a suit; absence of such a link renders the request for impleadment invalid.
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