KULDEEP KUMAR Vs. SEWARAM VIRMANI

JUDGEMENT

(1.) APPLICANT Kuldeep Kumar sought his impleadment as defendant in OS No. 13 of 2013, titled as Seva Ram Birmani and others vs. Smt. Gauri Khandelwal and another, which suit was instituted by the plaintiff for a decree of Specific Performance of Contract for directing the defendant to execute sale -deed as per agreement dated 16.08.2010. A prayer was also made for directing the defendants not go create third party interest in the suit property.

(2.) LEARNED Trial Court, relying upon various judgments, dismissed such an application holding that the position of the plaintiff was that of dominus litis. Aggrieved against the same, present Civil Revision is preferred.

(3.) THE object of Order 1 Rule 10 of the Code of Civil Procedure, 1908, is not to change the scope and character of suit by adding new parties or to enable them to litigate their own independent claims, but simply to help them to avoid litigation which might otherwise become necessary. There may arise cases where the court feels that in spite of the opposition of the plaintiff, it is necessary to add a person as defendant since in the absence of that person it finds itself helpless and unable to effectively and completely settle the matter in controversy and that it's failure to do so will lead to multiplicity of proceedings.