DEEPAK KUMAR Vs. MITHUN KHAJURIA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is plaintiff in a suit for permanent prohibitory injunction instituted in the Court of learned Munsiff, Katra (hereinafter "the trial Court" for short) has invoked the supervisory jurisdiction of this Court vested by virtue of Article 227 of the Constitution for quashing and setting aside the order dated 24th July, 2020 passed by the trial Court, whereby and whereunder an application moved by respondent No.7 seeking his impleadment as party defendant in the suit titled Deepak Kumar v. Mithun Khajuria and others has been allowed.

(2.) The impugned order has been assailed primarily on the following grounds:-

(3.) Mr. Abhinav Sharma, learned counsel appearing for the petitioner, placing strong reliance on a judgment of the Supreme Court rendered in the case of Gurmit Singh Bhatia v. Kiran Kant Robinson and others, Civil Appeal Nos.5522-5523 of 2019 decided on 17.07.2019 submits that the petitioner being dominus litis is entitled to decide the parties, he should be litigating against and the civil court cannot compel him to implead someone as party, more so, when the plaintiff has no grievance or cause of action against such party.