WPMS/3024/2022
2022 Latest Caselaw 3912 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 3024 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Nikhil Singhal, learned counsel for the petitioner.

Mr. Rajat Mittal, learned counsel for the respondent.

Petitioner is defendant in Original Suit No. 57 of 2022 filed by respondents seeking permanent injunction. In the said suit, petitioner filed an application under Order 1 Rule 10 C.P.C. for impleadment of Gram Samaj and Veterinary Department, Government of Uttarakhand, as defendant to the suit on the ground that land in question is recorded in the name of Veterinary Department in the revenue records.

Learned trial court allowed the said application vide order dated 02.09.2022 holding that Vaterinary Department as well as Gram Sabha are necessary party. Plaintiffs (respondents herein) challenged the order passed by learned trial court by filing a revision petition. The revision filed by the plaintiffs has been allowed by learned Additional District Judge, Vikasnagar, Dehradun vide judgment dated 09.11.2022. Thus, feeling aggrieved by judgment of revisional court, petitioner has approached this Court.

Heard learned counsel for the parties and perused the record.

Learned revisional court has considered all relevant aspects of the matter while setting aside the order passed by learned trial court.

This Court concurs with the reasoning given by learned revisional court.

It is now well settled that plaintiff, being the dominus litis, has a right to choose the person against whom he wishes to litigate and he cannot be compelled to add any person as party to his suit unless it is shown that the person sought to be added is a necessary or proper party.

Learned counsel for petitioner submits that the land in dispute belongs to Gram Sabha and pursuant to a resolution passed by Gram Sabha, land was transferred to Veterinary Department for construction of Veterinary Hospital, therefore, Gram Sabha and Veterinary Department are necessary party to the suit.

        Whether        Gram           Sabha            and
Veterinary      Department          are     necessary

party to the suit or not, has to be examined by the trial court. Suit in which necessary party is not joined as defendant, may be dismissed for non- joinder of necessary party. However, defendant in a suit cannot seek impleadment of some other person in the said suit and he can only point out to the Court that the suit is bad for non-joinder of necessary party.

For the aforesaid reasons, there is no scope for interference with the impugned order.

The writ petition, accordingly, fails and is dismissed.

(Manoj Kumar Tiwari, J.) 06.12.2022 Aswal