ASHA GUPTA Vs. NAGAR NIGAM

JUDGEMENT

(1.) The writ petition has been preferred against the order dtd. 4/8/2021 whereby the applicant-Pooja Gupta daughter of the petitioner No.l has been directed to be impleaded as a party in a suit preferred by the petitioners for permanent injunction.

(2.) Learned counsel for the petitioners submits that the application moved by the applicant-Pooja Gupta-respondent No.3 was wholly misconceived. She cannot be said to be necessary or proper party to the proceedings initiated by the petitioners by filing of a plaint as against the Nagar Nigam seeking permanent injunction to restrain the Nagar Nigam from taking possession or demolition of the suit property owned by the petitioners. Learned counsel has submitted that although the applicant had filed a separate suit for partition relating to the same properties, in the present case the petitioners-plaintiffs are only seeking relief as against the Nagar Nigam and the applicant-respondent No.3 is totally a stranger to the proceedings.

(3.) Learned counsel further submits that petitioners are the dominus litis to the suit and it is at their will and discretion to implead the person as a party. Learned counsel relies on the judgment passed by the Supreme Court in the case of Vidur Impex and Traders Pvt. Ltd. and others versus Tosh Apartments Pvt. Ltd. and others : Civil Appeal No.5918 of 2012 and another connected appeal decided on 21/8/2012 wherein the Supreme Court has laid down the guidelines in relation to a person who may be impleaded as a party.