GOPAL SCREW COMPANY Vs. HINDUSTAN EXPO

JUDGEMENT

(1.) THIS petition has been directed against the order dated 30. 7. 1997, passed by Civil judge (Jr. Div), Ludhiana. By this order, the learned Civil Judge has allowed the application filed by applicant M/s. Hindustan Expo, under Order 1, Rule 10 C. P. C. to become a party in the suit. Notice of this petition was issued to the respondents.

(2.) MR . Gurcharan Dass learned counsel appearing on behalf of the petitioner submits that the petitioner has not sought any relief against the applicant/respondent and as such the learned trial court was not right in allowing the application filed by the respondent-applicant. He further submits that the plaintiff is the dominus litus of the suit and a party cannot be allowed to be impleaded against the wish of the plaintiff. The learned counsel also submits that in any case if the applicant is allowed to become a party, then the applicant should be permitted to join the case from the date when application was filed by him and de novo trial of the suit cannot be allowed while allowing such an application. In support of his submission the learned counsel has placed reliance on a judgment of the Supreme Court in Anokhe Lal v. Radhamohan Bansal and Co. , 1997 (1) Civil C. C. 496 (S. C. ).

(3.) HE also submits that the applicant also had filed a suit for permanent injunction and in that case, the relief of interim injunction had already been declined to him on 8. 8. 1995 by the learned trial Court, against the petitioner.