Skip to main content

Plaintiff being dominus litis has complete freedom to choose parties to the action

In Rajendra Yadav V. Arati Plastic, order dated 04-01-2018, a Single Judge Bench comprising of Sanjib Banerjee, J., decided a petition wherein it was held that a stranger claiming to be a co-sharer in the suit property was not entitled to be impleaded as a co-plaintiff when the original plaintiff opposes such inclusion.

The petitioner was the original plaintiff in a suit for eviction of a licensee. By the impugned order, the trial court allowed a stranger to be impleaded as a co-plaintiff upon such stranger claiming to be a co-sharer of the property with the original plaintiff. The present petitioner-original plaintiff, aggrieved by the said order, filed the instant petition.

The High Court, after going through the records and considering the submissions made on behalf of the petitioner, was of the view that it was always open to the petitioner to oppose or embrace the said stranger as a co-sharer. Once the petitioner opposed the alleged co-sharer, the alleged co-sharer was not entitled to jump in as a co-plaintiff and the trial court was completely wrong in adding the alleged co-sharer as an added plaintiff. Indeed, the plaintiff being dominus litis (Master of the suit) and having the carriage of proceedings has complete freedom to choose parties to the action. By the impugned order, the trial court virtually granted a declaration in favor of a stranger without any evidence or other material available to the Court. Merely because a person asserts that he is a co-sharer does not make him a co-sharer. Accordingly, the petition was allowed and the impugned order of the learned trial court was set aside so far as it permitted the alleged co-sharer to join the said suit as a co-plaintiff. 

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...
Post a Comment
Read more

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.
Post a Comment
Read more