MANOJ KUMAR SINGH Vs. SUSHEELA THAKUR

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 29.1.2011, Annexure P3, passed by learned Civil Judge, Junior Division, Gurgaon, vide which learned trial Court has dismissed the application filed by petitionerapplicant under Order I Rule 10 of the Code of Civil Procedure (hereinafter to be referred as `the Code') for impleading him as a party in the suit.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) IT has been contended by learned counsel for the petitioner that rule of dominus litus is not an absolute rule and that the present petitioner being co-tenant with respondent no.2 under previous owner is a necessary party to be impleaded in this case. He has also placed reliance upon judgment rendered by a coordinate Bench of this Court in Smt.Vidya Devi v. Shruti Choudhry and others, 2009(5) RCR (Civil) 751, wherein on the peculiar facts and circumstances of the case, it was observed as under:-