2013 (4) AJR 386

Jharkhand High Court

Hon'ble Judge(s): Prakash Tatia, Jaya Roy , JJ

( A ) Constitution of India Art. 226 — Civil P. C. (5 of 1908), O. 7, R. 7, O. 1, R. 10, O. 6, R. 17 — Writ petition — Pendency of — Subsequent event requiring moulding of relief — O. 7, R. 7 and O. 1, R. 10 C.P.C. guides Courts dealing with matters under Art. 226 of Constitution so as to do complete justice by taking note of subsequent event by impleading necessary party in the litigation.Where some event occurs during the pendency of the litigation requiring moulding of relief, O. 7, R. 7 CPC empowers the Court to take note of the subsequent event and mould the relief accordingly. In addition to above, Order 6, Rule 17 CPC also allows amendment in the pleading so that party may, in the same litigation seek amendment in the pleadings to incorporate the subsequent events affecting or which are necessary for obtaining the relief appropriate to change circumstances with object to avoid requiring of another suit or petition for the relief which can be given in the originally instituted suit or petition. The Order 1 Rule 10 CPC is also full answer to such situation. The Order 1, Rule 10, CPC has two facets; i) any one who is not impleaded as party, can move application for being impleaded him as party in the suit and ii) the plaintiff petitioner or even defendant can also move an application for impleading the third party to the litigation as party in the suit. In spite of Principle of Dominus Litis, Order 1 Rule 10 CPC empowers ....