Ranbir Singh and Another vs Ran Singh and Others

Hemant Gupta, J.—The revision petition is directed against the order dated 27.11.2003 whereby the application filed by the petitioners for impleading as party in the suit, filed by respondent No. 1, was dismissed. The plaintiff has sought a decree for permanent injunction in respect of house property. In the said suit, the petitioner moved an application on the ground that on the basis of complaint lodged by him, the order of ejectment has been passed against the plaintiff as he was occupying a public street. Now, the plaintiff has filed the present suit for permanent injunction so as to encroach upon the part of the public street. Therefore, he is required to be impleaded to bring the correct facts of encroachment made by the plaintiff on a public street.

It has been brought to my notice that Panchayat is contesting the suit and has filed the written statement to the effect that the land in dispute is part of a public street. In view of the fact that the Panchayat is contesting suit and alleged that the property in dispute is owned by Panchayat, the grievance of the petitioner is not correct. The plaintiff has a dominus litus. He has a right to implead proper party. The petitioner, who is stranger to the controversy, cannot be permitted to become party in a suit as no relief against him is claimed by the plaintiffs.

In view of the above, I do not find any cause of interference or that of material illegality or irregularity in the order dated 27.11.2003 warranting interference in exercise of revisional jurisdiction under Article 227 of the Constitution of India is made out.

Dismissed in limine.