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1998 Supreme(P&H) 237

SWATANTER KUMAR
Krishan Lal – Appellant
Versus
Sudesh Kumari – Respondent


Judgment

1. The basic principle that the plaintiff is dominus litis of his suit and a party objected to by him cannot be impleaded in the proceedings, is not an absolute principle or rule. The provisions of Order 1 Rule 10 of Code of Civil Procedure, hereinafter referred to as the Code, are exception to this Rule. The parties to a suit are governed and regulated by the provisions of Order 1 Rule 10 of the Code, which would finally be the guiding factor for the Court to determine, whether an applicant is a necessary or proper party to a suit or not. This is the precise question which arises for consideration in the present revision petition.

2. Before entering into the realm of legal precepts of this proposition it will be appropriate to refer to the facts giving rise to the present revision petitions i.e. Civil Revision No. 1204 of 1997 and Civil Revision No. 1706 of 1996. Admittedly, Kashmiri Lal and Krishan Lal were the joint owners of the property i.e. plot/House No. 456, New Jawahar Nagar, Jalandhar. Both the brothers had inducted their third brother Banarsi Dass somewhere in the year 1972 as a licensee in the part of the premises. Similarly, late Mr. Raj Kumar was also inducted
































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