D S MARIAPPAN Vs. N MANOHARAN

JUDGEMENT

(1.) DEFENDANTS 1, 3 to 5 and the proposed parties viz., defendants 12 and 13 are the civil revision petitioners before this Court. The civil revision petitioners herein have filed this civil revision petition as against the order dated 22.08.2006 in I.A.No.1426 of 2004 passed by the District Munsif Court, Dharapuram in allowing the application filed by the respondents 1 and others/plaintiffs before the trial Court under Order 1 Rule 10 of Civil Procedure Code.

(2.) THE trial Court, while allowing the I.A.No.1426, has inter alia observed that 'if the proposed parties/ respondents 6 to 13 therein are added as parties to the suit then only the real details pertaining to the sale deeds can come to light for the purpose of arriving at a decision in the main suit and resultantly, allowed the application by impleading respondents 6 to 13 as necessary parties in the suit.'

(3.) IT cannot be gainsaid that addition of parties is a matter of discretion of the trial Court. IT is true that the plaintiff is the dominus litus in a civil suit but the same is not an absolute rule. Equally, it is a well settled principal of law that the Court has wide power to include any person as a necessary party in the suit to enable the Court to effectively resolve the question involved in the suit. However, while exercising such power under Order 1 Rule 10 of Civil Procedure Code, the Court has come to a definite finding that the parties are necessary parties or proper parties. Of course, the inclusion of parties will largely depend upon the exercise of judicial discretion by a trial Court, which has to be exercised based on the overall facts and cumulative circumstances of a given case.