Sahkari Grah Nirman Samiti vs Smt. Vimlesh Gautam And Others
2012 Latest Caselaw 5810 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CIVIL REVISION No. - 196 of 2012
 

 
Petitioner :- Sahkari Grah Nirman Samiti
 
Respondent :- Smt. Vimlesh Gautam And Others
 
Petitioner Counsel :- Rahul Sripat
 
Respondent Counsel :- Kshitij Shailendra,P.K.Singh
 

 
Hon'ble Pankaj Mithal,J.

Heard Sri Rahul Sripat, learned counsel for the applicant/revisionist and P.K.Singh, learned counsel for defendant/respondents.

The application of the revisionist for getting it impleadment in the suit has been rejected by the court below. The order rejecting the application is sought to be revised through this revision.

The suit is by the plaintiff/respondents No.1 and 2 for a decree of permanent prohibitory injunction in respect of Khasra No.288 situate in village Dhanipur, Tehsil Koil, district Aligarh against against respondents No.3 and 4.

It is well settled that the plaintiff in the suit is dominus litis and it is up to him to chose his adversaries against whom he wants to get the relief. If the plaintiff does not want to seek any relief against a particular person, such person cannot be forced upon him and be impleaded in the suit.

In the instant case, the suit is for permanent injunction and if the plaintiffs are not desirous of seeking injunction against the petitioner the decree passed therein would not be binding and enforceable against the petitioner. The presence of the petitioner in the suit is not necessary and it can be decided effectively in his absence. In such a situation, the petitioner is neither a necessary nor a proper party in the suit entitle to be impleaded. Thus, the rejection of application of the revisionist for impleadment by the court below cannot be faulted with.

It is made clear that any finding or observation made by the court below in rejecting the impleadment application would not come in the way of the revisionist in any other subsequent proceedings.

The revision is dismissed with the above observation.

Order Date :- 30.11.2012

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