Permanent & Mandatory Injuction. Deceased property claim case based on Will.
Necessary Party shouldbe made a party of the suit. Order 1 Rule 10 read with Section 151 Code of Civil Procedure, 1908.
The Court observed that Petitioner intentionally did not implead him as a party in the case and obtained an ex parte injunction against him. Petitioner, through the civil suit in question, is not only seeking the relief of permanent injunction against the bank but is also seeking the relief of mandatory injunction directing the espondent-Bank to release half of the funds lying in the account of deceased Balraj in his favour. Plaintiff is a dominus litus of his case and cannot be compelled to add a party to his suit, the learned counsel contended.
Interest of the applicant (respondent No.3) are directly in conflict with the relief claimed by the petitioner-plaintiff, therefore, found that applicant to be a necessary party for effective adjudication.
Court, can always add or strike out, at any stage, a person as a party either upon or without application, when appears necessary in the case for the thorough and complete adjudication of the controversy. In this regard, a fruitful reference can be made to the Order 1 Rule 10 (2) Code of Civil Procedure.
The revision petition , accordingly fails and is dismissed.
