PATEL ARVIND PARSHOTTAM Vs. PATEL KHUSHALBHAI HARJIVANBHAI

JUDGEMENT

(1.) THOUGH served, none appears for the respondent.

(2.) THE petitioner is aggrieved by an order dated 20.12.2008, whereby the application moved by the respondent under Order1 Rule10 of the Code of Civil Procedure, 1908 ("the C.P.C." for short) seeking to join the petitioner's predecessorin title as party to the suit, was granted in Special Civil Suit No.10 of 2008 which was instituted by the petitioner with an apprehension of its dispossession and trespass by respondentoriginal defendant.

(3.) THE suit was for an injunction against apprehended trespass of the original defendant. Only issue due for inquiry in the suit, was limited i.e. as to trespass. To prove that issue, the plaintiff, who was dominus litis, is required to establish the possession of the suit property. If he fails, the suit can be dismissed, else it can be decreed. The original defendant claims to be in possession of the suit property. Therefore, by examining the plaintiff's possession or the original defendant's possession, the issue in the suit can be determined. In that context, therefore, Order1 Rule10 is required to be read. Under this provision, the Civil Court is competent to require the correction of the causetitle of the plaint as also deletion of the name of the party improperly joined or to add any person who ought to have been joined or whose presence is necessary to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit.