Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, Krishna Murari , JJ

Civil P.C. (5 of 1908) , O.1 R.10— Impleadment of parties - Suit for declaration, permanent injunction and recovery of possession - Defendant sought impleadment of subsequent purchasers as party defendants alleging that during pendency of suit, plaintiffs illegally and unlawfully alienated some parcels of disputed land in their favour - Plaintiffs are dominus litis - Unless court suo motu directs to join any other person not party to suit for effective decree and/or for proper adjudication as per O. 1 R. 10, nobody can be permitted to be impleaded as defendants against wish of plaintiffs - Not impleading any other person as defendants against wish of plaintiffs shall be at risk of plaintiffs - Thus, subsequent purchasers could not have been impleaded as party defendants in application submitted by defendants, that too against wish of plaintiffs. (Para 5)