VALLIAMMAL Vs. THANGAMUTHU

JUDGEMENT

(1.) THIS civil revision petition is projected by the revision petitioners/petitioners/plaintiffs as against the order passed in I.A.No.692 of 2006 in O.S.No.254 of 2003 dated 14.07.2006 by the District Munsif Court, Tiruppur in dismissing the application for impleading proposed parties under Order 1 Rule 10 C.P.C.

(2.) THE revision petitioners/plaintiffs have filed I.A.No.692 of 2006 praying permission of the Court below to implead the proposed parties as defendants 5 to 8 in the main case on the ground that the proposed parties are necessary parties and if they are not added, the same will cause serious prejudice to them.

(3.) IT is an axiomatic fact that the plaintiffs are the dominus litus in the suit filed by them. The doctrine of dominus litus is applied to an individual though not initially a party has made himself one, by intervention or otherwise and has assumed the entire control and responsibility for one side and is treated by the Court as liable for costs as a person who is really and directly in the suit as a party. However, the said theory of dominus litus should not be stretched too far in regard to the impleading of parties because of the fact that it is the primordial duty of the Court of law to ensure that in deciding the real matter in dispute an individual is necessary party, the Court can order such individual to be impleaded. At the same time, the person to be impleaded must be a necessary party in the suit so as to enable the Court to effectively adjudicate the question involved in the suit. Therefore, a clear finding has to be given whether the party is a necessary or a proper party.