VINEET SHARMA Vs. TEMPLE OFFICER MATA BRIJESHWARI DEVI

JUDGEMENT

(1.) This petition is directed against the order dated 8th September, 2010, whereby the learned trial Court directed the petitioners (hereinafter referred to as `the plaintiffs') to implead all the Pujaris of Mata Brijeshwari Devi Temple, being 55 in number, as respondents in the suit.

(2.) The brief facts of the case are that the plaintiffs filed a suit alleging that the Temple Officer, appointed to look after the affairs of the Temple, has no right whatsoever to distribute the offerings given to the Temple contrary to the provisions of law and Rules. It is not disputed that some of these offerings are distributed amongst the 55 Pujaris of the Temple. Two of the 55 Pujaris moved an application before the learned trail Court praying that since the rights of the Pujaris are going to be affected, they should be impleaded as parties to the suit.

(3.) The learned trail Court has rightly held that though the plaintiff is dominus litis of his suit, but if by way of the prayer made in the suit, the rights of certain parties are likely to be affected, then such parties are necessary parties to the suit and in their absence, the suit cannot proceed. In their absence, the suit will fail and, therefore, it is necessary to array such parties as respondents in the suit.