Smt.Shantavva W/O Mahadev Kamble, v. Sri. Kadappa Muttappa Kamble
Civil Procedure – Impleadment of parties – Order I Rule 10(2) r/w Section 151 CPC – Necessary and proper parties
Case brief
What is this about?
Impleadment of additional parties; Order I Rule 10(2) r/w Section 151 Code of Civil Procedure; necessary and proper party; plaintiff as dominus litis; compromise decree recorded before Lok Adalat carries status of decree; no collateral challenge permitted; remedy under Article 227 of the Constitution of India; counterclaim; writ petition under Articles 226 and 227 (GM-CPC); High Court of Karnataka Dharwad Bench; O.S. No. 994/2016, V Addl. Civil Judge and JMFC Athani; O.S. No. 504/2006 compromise decree; declaration and permanent injunction suit.
What did the court decide?
The plaintiff is the dominus litis and has the discretion to choose the parties against whom relief is sought; defendants cannot insist on impleadment of additional parties unless it is clearly established that such parties are necessary or proper for effective adjudication of the issues in the suit.