BISHAN DASS Vs. STATE OF J&K

JUDGEMENT

(1.) THE present petition filed in a suit for permanent prohibitory injunction against the State of J&K and also against the Municipal Committee, Jammu. In this, it has been pleaded that the plaintiff is owner in possession of the site in dispute. It has also been pleaded that this is being exclusively used by him. In this suit an application was filed by one Sunil Gupta. He stated that the plaintiff has encroached upon a Street/public street. He also stated that action was initiated by the Jammu Municipality at his instance and therefore, he is a necessary and proper party. The trial court has allowed the application preferred under O.I.R.10 of the C.P.C. It is this order passed by the Trial Court which is subject matter of challenge in this revision petition.

(2.) THERE can be no dispute with the broad proposition that in the matter of arraying parties to a suit the coctine of dominus litus is to govern to a civil litigation. It is for the plaintiff to determine as to against whom he wants to litigate. It is on this broad proposition much stress has been laid by the learned Counsel for the revision petitioner.

(3.) RELIANCE is being placed on a decision of the Delhi High Court and also another decision of the Madras High Court. The Delhi High Court in the case reported as Smt. Tulsi Devi and another Vs. Municipal Corporation of Delhi and anr. AIR 1985 Delhi 353, The Court has observed that where a litigation between the owner and the Municipal authorities, then a tenant has no locus standi to get arrayed as a party in the litigation. AIR 1968 Madras 287, Firm of Mahadeva Rice and Oil Mills and others Versus Chennimalai Gounder, is yet another authority relied upon by the learned counsel appearing for the petitioner. It is submitted that a proper party is one without shose presence, the question and the lis can not be completely and electrively adjudicated upon. It is accordingly, submitted that the view expressed by the trial court, is a view which has not taken note of the well known principles governing the law laid down on the subject.