Sri Madhusudan Singh vs Gita Devi And Ors on 14 February, 2020
Author: Aditya Kumar
contention of the petitioner(s) is that the plaintiff has
the dominus litis. They cannot be forced to fight litigation against a
party, against whom ... 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
contention of the petitioner(s) is that the plaintiff has
the dominus litis. They cannot be forced to fight litigation against a
party, against whom ... 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
suit. Further, he has
submitted that under principles of dominus litis the plaintiffs
have right to make party only to those against whom they have ... doubt about the proposition that
plaintiff is the dominus litis of his own suit. The theory of
dominus litis cannot be overstretched in the matter
Counsel for the respondent No. 5 submits that the plaintiff being Dominus-litis cannot be asked to joint parties and if he had joined certain ... that the general law says that the plaintiff is dominus-litis and is entitled to join the party of his own choice but this right
assailed before me.
3. Ordinarily a plaintiff to a suit is dominus litis. It is for him to decide the forum where the suit
should not as a general rule apply the principle of 'dominus litis' in favour of the plaintiff as a
rule of universal application
Court reiterated that the plaintiff is dominus litis having
dominion over his Case. He is the person who has carriage and
control of the action
premises, the eviction suit fails.
17. Fourth, the plaintiff being a dominus litis cannot be
compelled to make any third person a party
suit for partition where the plaintiff is not wholly dominus litis and the plaintiff cannot defeat the exercise of option to have a partition