Civil Procedure Code, 1908
Order 1 Rule 10—Order directing impleadment of subsequent purchasers as party defendants—Appeal—Defendants in the suit filed application under Order 1 Rule 10 CPC and prayed to implead the subsequent purchasers as party defendants—Suit is for declaration, permanent injunction and recovery of possession—Plaintiffs are dominus listus—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—Though wish of plaintiff becomes relevant as regards the prayer for impleadment of third party as defendant as he is the dominus litus, but such an action is always at the risk of plaintiff—Subsequent purchasers could not have been impleaded as party defendants in the application submitted by original defendants, that too against the wish of plaintiffs—Impugned judgment and order passed by the High Court and that of the trial court allowing application under Order 1 Rule 10 CPC are quashed and set aside—Appeal allowed.
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