that party to the
Court and to the person who is dominus litis."
"2-B. The duty to bring on record the legal ... heirs of the deceased and not of the person
who is dominus litis."
Further, sub-rule (3) to Rule 4 was substituted
that the trial Court completely lost sight of the principle of dominus
litis and erred in directing impleadment of a third party to an injunction ... such
persons. The Supreme Court further observed that a plaintiff, being dominus
litis, could not be forced to add a party against whom
well as appellate Courts stood abated under this rule as the dominus litis did not make application to make legal representatives of the deceased ... that party to the Court and to the person who was dominus litis. In R. 2-B, it was provided that the duty to bring
authority to support the principle, that the plaintiff being a
dominus litis cannot be forced to add any person as party to his
suit unless ... above, learned counsel has vehemently argued
that the petitioner is a dominus litis in the proceedings and that there was no
relief which has been
petitioner is that it is the petitioner-plaintiff who is the
dominus litis and he cannot be forced to make any person a party ... petitioner who is
the plaintiff and who is the dominus litis and the petitioner cannot be
forced to add party against whom he does
matter of settled law that the
plaintiff is the dominus litis and it is for the petitioners/claimants to implead
all such persons against whom ... owner to be impleaded, does not arise. The petitioners
who are dominus litis cannot be forced to litigate against persons against
whom the petitioners
that
party to the Court and to the person who is
dominus litis."
"2-B The duty to bring on record the legal ... heirs of the deceased and not of the
person who is dominus litis."
8. The following shall be substituted for the existing
sub-rule
stated that they have no
objection, being dominus litis, if respondent Nos.1 to 3 are impleaded as
party.
JITENDER KUMAR ... plaintiff-respondent
Nos.4 and 5, who are dominus litis, and the plaintiff-respondent Nos.4 and 5
herein have no objection to respondent
that party to the Court and to the person who is dominus litis.
The factum of death of Mahender Singh ought to have been
disclosed ... heirs of the deceased and not of the
person who is dominus litis. Since the decree is of recovery and
the same can be executed
vendor. He also submits that
respondent No.1 being dominus litis, cannot be compelled to contest the suit
against any other party against his wish ... absence.
Further, it is respondent No.1-plaintiff, who is the dominus litis and as
such, he can't be asked to contest
