If plaintiff does not intentionally implead necessary or proper party, Court can implead said party on its application, rules Punjab & Haryana High Court

Read Order: Satbir @ Madu And Another v. Gram Panchayat And Others

Monika Rahar

Chandigarh, March 8,  2022: In a case where the application filed by the applicants seeking their impleadment in the petitioner’s suit was allowed, the Punjab and Haryana High Court while dealing with the Revision Petition has held that if a plaintiff does not intentionally implead a necessary or proper party, the Court has the right to implead the said party on its application.

This revision petition, filed before the Bench of Justice Sudhir Mittal, originated from a suit filed by the plaintiffs (present petitioners) seeking an injunction restraining the Gram Panchayat from diverting a public street through their land. During the pendency of the suit, an application was filed by the applicants for impleadment as party defendants while claiming that Gram Panchayat and the plaintiffs were in collusion and that the existing alignment of the street was correct.

This impleadment application was allowed on the ground that there was a dispute regarding alignment and the applicants being the residents of the village, had an equal interest in the matter.

The petitioner’s counsel submitted that the plaintiffs were the dominus litus and they could not be forced to litigate against a party whom they did not want to implead. 

Addressing this argument, the Court opined that it was misconceived. The Court observed that the applicants were necessary parties, thus the Court had a right to implead such a party.  

Finding no other argument raised in the revision petition, it was dismissed.