Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908 – Or. I, r. 10 & Or.VI, r. 17 – Amendment of Plaint – Joinder of Necessary and Proper Party – The appellant granted licenses for individual shops to various shopkeepers including respondent – Notice of revocation of license was served by the appellant to the respondents – A suit for declaration was instituted by the respondents for declaration that the license granted in respect of shop/ premises is irrevocable and perpetual – During the pendency of the aforesaid suit, the respondent filed application for amendment of the plaint for challenging various mortgages created by the appellant, in favour of certain banks – Another application was also filed seeking to implead the Banks and the Financial Institutions as defendant – Both the applications were allowed by the High Court – On appeal, held: By the purported amendment, the original plaintiffs have now prayed to declare that all the mortgages/charges created on the premises as void ab-initio – Even such a prayer can be said to be too vague – How the respondents can now can be permitted to challenge various mortgages/ charges created from time to time – Now after a number of years, respondents cannot be permitted to challenge the mortgages/charges created on the entire premises including shops – The High Court while allowing the amendment application has not properly appreciated the fact and/or considered the fact that as such, by granting such an amendment the nature of the suits will be changed – It would also result in misjoinder of causes of action – The principle that the plaintiffs is the dominus litus shall be applicable only in a case where parties sought to be added as defendants are necessary and/or proper parties – Plaintiffs cannot be permitted to join any party as a defendant who may not be necessary and/or proper parties – Therefore, in a suit challenging revocation of the respective licenses, the plaintiffs cannot be permitted to challenge the respective mortgages/charges created on the entire premises as void ab-initio. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 713 |
Petitioner | Asian Hotels (north) Ltd |
Respondent | Alok Kumar Lodha & Ors |
SCR | [2022] 12 S.C.R. 124 |
Judgement Date | 2022-07-12 |
Case Number | 3703 |
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