Akbarbhai Kesarbhai Sipai vs Mohanbhai Ambabhai Patel Since Decd. ... on 12 July, 2019
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Learned advocate Mr. Darji would further submit that
the plaintiff, being dominus litis, having requested the Trial
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Uploaded by MOHD MONIS ... legal position of law
that the plaintiff is considered to be dominus litis, who is the
maker of the suit and he has the choice
exception to the principle of dominus litis. He would
further submit that principle of necessary and proper party gives
discretion to the Court ... term as the
Court may deem fit.
18. The principle of dominus litis is fully favouring the plaintiff
as far as Rule 3 of Order
petitioner-
org. plaintiff pressing into service the principle of dominus litis
would submit that O.1 R.10 of the CPC does not empower ... party and questions
involved in the suit.
9. The principle of dominus litis means the plaintiff is in
possession to adjudicate that against whom
fact, since the petitioner is having a dominus by virtue of
well recognized principles of "dominus litis", the
application may be dismissed ... submitted that in view of
well recognized principles of "dominus litis" there is no
need to join applicants in the main petition since
appellant contended
that it is well accepted principle of dominus litis
that the person has right to choose whom he should
arraign as party ... learned advocate
Mr.Champaneri with regard to concept of dominus
litis in the facts and circumstances of the present
case is misconceived. In the facts
petitioner, is different from suit and
petitioner - applicant being a 'dominus
litis' he can choose his forum for
institution of the petition when
applying the
principle that the plaintiff is the dominus litis, in the
similar facts and circumstances of the case, this Court
observed and held that ... suit for specific
performance of the contract to sell is the dominus litis,
he cannot be forced to add parties against whom, he
does
State and the State, as per the doctrine of dominus litis,
has every right to withdraw such application. It is contended that
the result would ... State has filed the
petition and as per the concept of dominus litis it
has every right to
withdraw the proceedings which have been filed
object impugned application. He
would submit that plaintiff is dominus litis and having not
objected the joining of applicants as co-plaintiffs in the suit ... impleadment of parties is that the
plaintiff in a suit, being dominus litis, may choose the persons against
whom he wishes to litigate and cannot