Sudhamayee Pattnaik and Others Vs. Bibhu Prasad Sahoo and Others
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Title of the Case: Sudhamayee Pattnaik and Others Vs. Bibhu Prasad Sahoo and Others
Head Notes: it is required to be noted that the defendants in the
suit filed application under Order 1 Rule 10 CPC and prayed to implead
the subsequent purchasers as party defendants. The suit is for
declaration, permanent injunction and recovery of possession. As per the settled position of law, the plaintiffs are the domius litis. Unless the
court suo motu directs to join any other person not party to the suit for
effective decree and/or for proper adjudication as per Order 1 Rule 10
CPC, nobody can be permitted to be impleaded as defendants against
the wish of the plaintiffs. Not impleading any other person as defendants
against the wish of the plaintiffs shall be at the risk of the plaintiffs.
Therefore, subsequent purchasers could not have been impleaded as
party defendants in the application submitted by the original defendants,
that too against the wish of the plaintiffs.
Court: Honourable Supreme Court of India
Judges: Honourable Justice M.R. SHAH & KRISHNA MURARI
