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A.K.SHRIVASTAVA
Meera Rani – Appellant
Versus
Ghanshyam Sharma – Respondent
1. By this petition under Article 227 of the Constitution of India, the petitioner are challenging the pregnability of the impugned order (Annexure P-8), dated 28.9.2004 passed by the Additional Civil Judge Class I, Ashoknagar in Civil Suit No. 665-A/1998 whereby the application under Order 1 Rule 10 (2) of CPC filed on behalf of the defendants No.1 and 2 has been allowed and Smt. Sunita and Dr. Sushi Kumar Viswas have been directed to be impleaded as defendants.
2. It has been vehemently contended by Shri Aniket Nayak, learned counsel for the petitioners that plaintiff is dominus litus and he cannot be forced to implead a particular person as a party against whom he does not want any relief and therefore the trial Court erred in substantial error of law and has also acted illegally with the material irregularity in allowing the application filed under Order I Rule 10 (2) of CPC. To bolster his contention, learned counsel for the petitioners has placed heavy reliance on the decision of this Court in Baijnath v. State of M.P. and others [1972 JLJ 126= 1972 MPLJ 11].
3. On the other hand, Shri H.K. Shukla, learned counsel appearing for the defendants/respondents, has submitted tha
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