AIR 1979 DELHI 171 ::(1979) ILR(Del) 1 DEL 248 ::(1979) ILR 1 DEL 248 ::1979 (1) RenCR 576 ::1979 (1) RentLR 482 ::ILR (1979) 1 Delhi 248

Delhi High Court

Hon'ble Judge(s): S. Ranganathan , J

Civil P.C. (5 of 1908) , O.1 R.10— Addition of parties - Application by third person for being impleaded as defendant - Ejectment suit - Plea that the third person is real tenant - Maintainability of application. It is true that the plaintiff in a suit is dominus litus and he cannot be made, against his consent, to fight a third party other than the defendant impleaded by him. But this is only the normal and general and not invariable rule and in appropriate oases a third person can be impleaded as a party. O.1. R.10 van be invoked not only by the parties to the suit but by the Court suo motu. But the Court can act only when some circumstances are brought to its notice by some party to show that it is necessary to implead some other party also. The application serves this purpose and if the Court finds that the application makes out a case for impleading a third party the Court can proceed to do so. Otherwise, the reference in R.10(2) to applications by other parties to the suit and suo motu action of the Court would be rendered nugatory. The Court has to consider whether the presence of the proposed party is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions included in the suit. The Courts, therefore, in exercising their discretion under O.1 R.10 can implead parties who have a direct and immedi....