Order I Rule 10(2) of CPC – Owner is a necessary party to the suit of tenant challenging the notice of Section 53(1) of the MRTP Act – Application of owner to implead in the suit is maintainable.

Doctrine of Dominus litis – Order I Rule 10(2) of CPC – Owner is a necessary and proper party to the suit of tenant challenging the notice of Section 53(1) of the MRTP Act – Application of owner to implead in the suit is maintainable.

The petitioners – plaintiffs filed civil suit challenging the legality of the notice dated 10.3.2023 of the Nagpur Municipal Corporation issued to the respondent no.3, under Section 53(1) of the Maharashtra Regional and Town Planning Act.

Respondent no.3 is the owner of the property in which the petitioners – plaintiffs are the tenants of three rooms lock on the ground floor.  Section 53(1) notice in respect of unauthorised construction (contrary to the sanctioned plan) was issued not only against the ground floor but also upper floors.

Respondent no.3 filed the application to implead in the suit of the plaintiffs.  The trial Court allowed the application vide order dated 21.11.2023.

HELD that the principle of dominus litis is always subject to the finding of the Court that a person is a proper and necessary party to the suit. For complete and effectual adjudication of the disputes.  This can be done either on application of either party or even suo motu.  The writ petition was rejected.

Judgment dated 19.12.2023 in W.P.No.81848 of 2023 of Shri Kamal Rambalak Verma and another Vs. Nagpur Municipal Corporation and others