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march 1992

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.

RAMESH HIRANAND KUNDANMAL vs MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS. · Niyam