Supreme Court of India · 1992-03-04
RAMESH HIRANAND KUNDANMAL vs MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.
- Citation / case number
- SC 1991/80284
- Court
- Supreme Court of India
- Petitioner
- RAMESH HIRANAND KUNDANMAL
- Respondent
- MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.
- Author
- M. FATHIMA BEEVI
- Bench
- M. FATHIMA BEEVI
Judgment text excerpt
The Supreme Court held that under Order I, Rule 10 of the Civil Procedure Code, 1908, a plaintiff is the dominus litis and is not compelled to sue every possible adverse claimant. However, the court has the discretion to direct the addition of necessary parties at any stage of the suit. In this case, the court allowed the appeal, ruling that the lessee had a right to be heard as a necessary party, thus affirming the lower court's decision to implead the lessee as an additional defendant.