NIJAMUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 2. 6. 94 passed by the learned Munsif and Judicial Magistrate, Bilara in Civil Original Suit No. 20/94, whereby the learned Munsif and Judicial Magistrate rejected the application moved under Order 1 Rule 10, CPC by defendant-petitioner Nizamu Deen and defendant Govind Ram.

(2.) MR. J. R. Patel, learned counsel for the petitioner submitted that plaintiff Sardul Singh has not impleaded Mishri Lal as a party to the suit, who is a necessary party and the question involved in the suit could not be effectively adjudicated in the absence of Mishri Lal, therefore, the learned Munsif and Judicial Magistrate should not have rejected the application filed under Order 1 Rule 10, CPC by defendants named above. The aforesaid argument of learned counsel for the petitioner is wholly mis- conceived. In my opinion, whenever a suit is filed, it is absolute Choice of the plaintiff to seek relief against a particular person or persons. The absolute choice of the plaintiff to seek relief against a particular person or persons cannot be allowed to be curtailed at the behest of the defendant or defendants, as suggested in case in hand.