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Showing contexts for: Digjam in Shri Siddhi Vinayak Medical College And ... vs Union Of India & Anr. on 8 October, 2024Matching Fragments
20. Another facet of the dominus litis principle which merits consideration pertains to the extent of authority granted to the dominus litis in impleading the parties, which was explained by the decision of the Division Bench of this Court in the case of Kranti Arora v. DIGJAM Ltd.13 in the following words:-
"18. Dominus litis is the person to whom a suit belongs and is master of a suit and is having real interest in the decision of a case. The plaintiff being dominus litis cannot be compelled to fight against a person against whom he does not claim any relief. The plaintiff in a suit is required to identify the parties against whom he wants to implead as defendants and cannot be compelled to face litigation with the persons against whom he has no grievance. A third party is entitled to be impleaded as necessary party if that party is likely to suffer any legal injury due to outcome of the suit. The doctrine of dominus litis should not be over stretched in impleading the parties. The court can order a person to be impleaded as necessary party if his 2018 SCC OnLine Del 7693 2022 SCC OnLine Del 2023 Digitally Signed Digitally Signed Signing Date:15.10.2024 By:PURUSHAINDRA 11:18:20 KUMAR KAURAV presence is required to decide real matter in dispute effectively. Merely because the, plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded. The provisions of Order 1 Rule 10(2) CPC are having wide amplitude in operation."