SEWA RAM SWAMI Vs. VINOD SHARMA

JUDGEMENT

(1.) This writ petition is directed against order dated 27.05.2014 passed by the trial court, whereby, the application filed by the defendant seeking to implead one Mahendra Panwar as party has been rejected by the trial court.

(2.) It is settled position of law that plaintiff is dominus litus and he cannot be forced to conduct litigation against a party, whose presence is not necessary for effective adjudication of the dispute. In case the plea raised by the defendant regarding Mahendra Panwar being a necessary party is upheld by the trial court in the trial, the suit filed by the plaintiff would be dismissed. In case he is not found to be a necessary party, the plaintiff cannot be forced to prosecute litigation against him.

(3.) In that view of the matter, there is no substance in the writ petition, the same is, therefore, dismissed. The stay petition is also dismissed. Petition Dismissed.