Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | civil procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908: Order 1, Rule 10- lmpleadment of party by Court to a suit as necessary party-Necessary or proper party-Who is-Distinction between necessary and proper party- Suit filed by a plaintiff, in possession of service station under an agreement, with lessee thereof challenging validity of notice issued by Municipal Corporation, for demolition of structures raised by plaintiff as unauthorised-Lessee seeking impleadment as additional defendant as necessary party-Whether Court could direct plaintiff to add lessee as defendant in suit-Whether Court has discretion to direct a plaintiff, though dominus litis, to implead a person as a necessary party. Words and Phrases : Necessary or proper party-Meaning of. Under a Dealership Agreement, the appellant was in possession of a service station erected on the land held by the second respondent-the Hindustan Petroleum Corporation Limited, as lessee. The service station consisted of a petrol pump in the ground floor and a structure with an open terrace for parking of vehicles. The first respondent, Municipal Corporation issued notice under section 351 of the Municipal Corporation Act to the appellant for demolition of two chattels on the terrace on the ground that these were unauthorised constructions. The appellant instituted a suit before the City Civil Court, challenging the validity of the notice and for injunction restraining the Municipal Corporation from demolishing the structures. The Court granted an interim injunction. Thereafter, on an application filed by the second respondent for being impleaded as additional defendant in the suit on the ground that it had materials to show that the constructions were unauthorised, and it was a necessary party to the litigation, the court directed the appellant to add the second respondent as defendant and amend the plaint suitably rejecting the appellant's contention that the second respondent was neither a necessary nor a proper party to be impleaded in the suit. The appellant's ' writ petition challenging the aforesaid order was dismissed by the High Court. In the appeal, by special leave, before this Court, on behalf of the appellant-plaintiff it was contended that the appellant-plaintiff was dominus litis and, therefore, could not be forced to join the second respondent Corporation as defendant, that second respondent was neither a necessary nor a proper party to the suit and had no interest in the subject-matter of the litigation and its presence was not required to adjudicate upon the issue involved in the suit or for the purpose of deciding the real matter and on the contrary, its addition would enlarge the issue in the suit, and that the Court could not direct addition of parties against the wishes of the plaintiff, who could not be compelled to proceed against a person against whom he did not claim any relief. On behalf of the respondent it was contended that the second respondent had a right to be heard in the suit inasmuch as the respondent was the lessee, who was not answerable for the illegal actions of the appellant. |
Judge | Hon'ble Ms. Justice M. Fathima Beevi |
Neutral Citation | 1992 INSC 62 |
Petitioner | Ramesh Hiranand Kundanmal |
Respondent | Municipal Corporation Of Greater Bombay And Ors. |
SCR | [1992] 2 S.C.R. 1 |
Judgement Date | 1992-03-04 |
Case Number | 3570 |
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