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2020 Supreme(J&K) 454

SANJEEV KUMAR
Deepak Kumar – Appellant
Versus
Mithun Khajuria – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Abhinav Sharma, Advocate
For the Respondent:G.S. Thakur, Advocate

JUDGMENT :

Sanjeev Kumar, J.

1. The petitioner, who is plaintiff in a suit for permanent prohibitory injunction instituted in the Court of learned Munsiff, Katra (hereinafter "the trial Court" for short) has invoked the supervisory jurisdiction of this Court vested by virtue of Article 227 of the Constitution for quashing and setting aside the order dated 24th July, 2020 passed by the trial Court, whereby and whereunder an application moved by respondent No. 7 seeking his impleadment as party defendant in the suit titled Deepak Kumar v. Mithun Khajuria and others has been allowed.

2. The impugned order has been assailed primarily on the following grounds:-

    a) The petitioner-plaintiff being dominus litis cannot be forced or compelled to array anybody as party defendant and to litigate against such person against whom he may have no cause of action. The trial Court has not appreciated the fact that respondent No. 7 has no right, title or interest in the subject matter of suit and, therefore, cannot be permitted to intermeddle in the litigation at the instance of others.

(b) The trial Court also did not appreciate that unnecessary presence of respondent No. 7 in the suit would only protrac

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