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TMI Blog1996 (7) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... t they may be added as co-respondents in the above Civil Writ Petition, titled Harcharan Singh v. The Financial Commissioner, Revenue, Punjab. 2. It has been averred in the application dated 27-2-1995 that the applicants had purchased land measuring 13 Bighas, 15 Biswas comprised in Khewat No. 106/233, Khasra Nos. 999/359, 357 (6-5), 358 (6-5), Kitta (3) Area 13-15 Bigha from Kulwinder Singh son of Harcharan Singh, writ petitioner No. 2, as this land was owned and possessed by him. He executed sale deed in favour of the applicants on 10-11-1989 and it was registered with the Sub-Registrar at Malerkotla on 15-11-1989 for a sum of Rs. 86,000/-. Said Kulwinder Singh also handed over the possession of the land mentioned in the sale deed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en eyes. The writ petitioners admit that the applicants had purchased some parcel of the land from Kulwinder Singh petitioner but their purchase is during the pendency of the litigation and as such they are bound by the principles of lis pendens. The litigation regarding the land started 15 years back, whereas the applicants purchased some portion of the land about 7 years back. According to the writ petitioners, the applicants are neither the necessary parties nor they are the proper parties, rather they would be bound by the result of the litigation. Separate reply was also filed by respondent No. 5 who stated that the present application under Order 1, Rule 10, C.P.C. was not legally maintainable as it has been filed with a mala fide int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istant Collector 1st Grade, Malerkotla, to give effect to the partition and the main plea of the writ petitioners is that the said orders had been passed in violation of the revenue laws. I need not to divulge the detailed pleadings of Sarvshri Harcharan Singh and Kulwinder Singh in C.W.P. No. 8811 of 1993. 6. Order 1, Rule 10(2), C.P.C. lays down that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the applicants also does not hold any water because the plea raised by the learned counsel is beyond the controversy involved in the main writ petition. I fail to understand how the interests of the present applicants are likely to be affected since they have purchased specific Khasra numbers from Kulwinder Singh, who must be in possession of the same at the time of the sale deed. A litigant is the master of his cause of action and the option lies with him to implead a particular person as a party to the litigation or not. A person cannot be impleaded as a party simply on the ground that his presence is necessary in order to avoid multiplicity of litigation and at the most the case of the applicants is that they claim interest in the prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case even without the joining of the present applicants in the main writ petition would determine the subject-matter of the writ petition effectively. The writ petitioners have not claimed any relief against the present applicants, who are bound by the rights and obligations of their vendor Kulwinder Singh. In this very authority it was laid down that the plaintiff (writ petitioner) is the dominus litus. No person can be impleaded unless he is necessary or proper party to the lis to get his rights determined in the suit of another party. In Pranakrushna v. Umakanta Panda it was held as follows (paras 8 and 9);-- Under the provision of R. 10(2) of O. 1, the Court may add the name of any person to the suit who ought to have been joined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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