DEEPAK KUMAR Vs. MITHUN KHAJURIA AND OTHERS
LAWS(J&K)-2020-8-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 14,2020

DEEPAK KUMAR Appellant
VERSUS
Mithun Khajuria And Others Respondents




JUDGEMENT

Sanjeev Kumar, J. - (1.)The petitioner, who is plaintiff in a suit for permanent prohibitory injunction instituted in the Court of learned Munsiff, Katra (hereinafter "the trial Court" for short) has invoked the supervisory jurisdiction of this Court vested by virtue of Article 227 of the Constitution for quashing and setting aside the order dated 24th July, 2020 passed by the trial Court, whereby and whereunder an application moved by respondent No.7 seeking his impleadment as party defendant in the suit titled Deepak Kumar v. Mithun Khajuria and others has been allowed.
(2.)The impugned order has been assailed primarily on the following grounds:-
a) The petitioner-plaintiff being dominus litis cannot be forced or compelled to array anybody as party defendant and to litigate against such person against whom he may have no cause of action. The trial Court has not appreciated the fact that respondent No.7 has no right, title or interest in the subject matter of suit and, therefore, cannot be permitted to intermeddle in the litigation at the instance of others.

b) The trial Court also did not appreciate that unnecessary presence of respondent No.7 in the suit would only protract the trial and delay the disposal of the suit.

(3.)Mr. Abhinav Sharma, learned counsel appearing for the petitioner, placing strong reliance on a judgment of the Supreme Court rendered in the case of Gurmit Singh Bhatia v. Kiran Kant Robinson and others, Civil Appeal Nos.5522-5523 of 2019 decided on 17.07.2019 submits that the petitioner being dominus litis is entitled to decide the parties, he should be litigating against and the civil court cannot compel him to implead someone as party, more so, when the plaintiff has no grievance or cause of action against such party.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.