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Madhya Pradesh High Court · body

1977 DIGILAW 368 (MP)

Lakhanlal v. Mst. Chandrabai

1977-09-23

J.P.BAJPAI

body1977
Short Note : Shri N.C. Jain learned counsel appearing on behalf of the non-applicant contended that the principle of dominus litis is not of universal application. When a third party approaches a Court for being joined on the ground that he is a necessary party there is a different consideration and if such an intervenor is likely to be adversely affected by the decision, his application cannot be thrown out on the ground that the choice of impleading one as a defendant rests with the plaintiff. In the present case, it is apparent that Chandrabai, the mother of non-applicant No.2, was impleaded by the plaintiff as defendant in her individual capacity and not as guardian of Mohanlal. On behalf of the minor Mohanlal, a request was made to the Court to join him as a party because the suit land forms part of the area allotted to him in partition and the possession of the mother was not in her own right but was on behalf of her minor son. The deed of partition has already been placed on record. It is also apparent from the maps on record that Mohanlal is adjacent holder. Held : Under these circumstances, if the trial Court has exercised his discretion and allowed the non-applicant No.2 to be joined as a proper party, no case is made out for interference with the order made by invoking the revisional jurisdiction of this Court. The order impugned does not suffer with any error of jurisdiction.