Friday, December 22, 2017

DOMINUS LITIS : NECESSARY PARTY / PROPER PARTY TO SUIT

Dominus Litis :  General Rule related to impleading in a suit is that the petitioner in a petition being dominus litis ( master of suit ) may chose the persons against whom he wishes to litigate and can not be compelled to sue a person against whom he does not seek any relief.  A person who is not a party has no right to get impleaded against the wishes of the Petitioner.  Necessary party or property party as prescribed in Order 1, Rule 10 of the Civil Procedure Code are impleaded in the suits.  Necessary Party is such without whom no order can be effectively made.  Property Party is that in whose absence an effective order can be made but whose presence is necessary for a complete and final decision of the issues involved in the proceedings.  (State of Assam Vs  Union Of India  2010 10 SCC 408 which has been reaffirmed in Vidur Impex Traders Private limited Vs Tosh Apartments Private Limited reported in 2010 8 SCC 384]

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