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GURBIR SINGH
Surinder – Appellant
Versus
Haryana Waqf Board – Respondent
| Table of Content |
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| 1. ownership claims in property must involve all parties with rights. (Para 2 , 3 , 6) |
| 2. inclusion of necessary parties is crucial for valid legal proceedings. (Para 4 , 7) |
| 3. the court upheld the order allowing the waqf board as a party. (Para 8 , 9) |
Judgment
Mr. Gurbir Singh, J.
Challenge in this petition filed under Article 227 of the Constitution of India is to order dated 04.01.2023 (Annexure P-4), passed by learned Civil Judge (Junior Division), Panipat, whereby application filed by respondent no.1 under Order 1 Rule 10 CPC has been allowed.
2. Learned counsel for the petitioner submits that the plaintiffpetitioner filed a suit for declaration and permanent injunction against respondents no.2 to 4 (Annexure P-1), claiming himself to be the owner of 1/3rd share on the basis of oral family settlement. Respondent no.1 – Haryana Waqf Board filed an application in the suit under Order 1 Rule 10 CPC for impleading it as party (Annexure P-2) in the instant suit.
3. Learned counsel for the petitioner further submits that dispute between the parties is mainly a family dispute and no relief has been claimed against respondent no.1 - Haryana Waqf Board. Plaintiff is dominus
A party seeking impleadment must demonstrate their relevance and necessity for adjudication, supported by adequate evidence, particularly in cases involving property claims.
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.
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