Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1251 of 2018 Petitioner :- Aftab Alam Respondent :- Bhagwan Prasad And 6 Others Counsel for Petitioner :- Adeel Ahmad Khan Counsel for Respondent :- Pradeep Kumar
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner. No one has appeared on behalf of the respondents even in the revised list.
A suit was filed praying for permanent injunction restraining the defendants from interfering with the suit property. After the hearing commenced and issues were framed, issue no.5 was decided on 9.6.2016 holding that the non-impleadment of the Forest Department, did not make the suit bad. However, at the instance of the defendants who had moved an application on 15.9.2017 which was numbered as 141-Ga, the Court directed the plaintiff to implead the Forest Department and the State of Uttar Pradesh as defendants. This order has been affirmed by the Revisional Court on 1.2.2018.
Learned counsel for the petitioner states that the plaintiff is the dominus litis and he alone has taken the prerogative to array parties as he wishes and it is for the Court, upon hearing the suit to see what relief can be granted to the plaintiffwith the parties he has arrayed. In the instant case at the instance of the defendants, the plaintiff could not be forced to array any further defendant.
Having gone through the record of the case and after having perused the order impugned, the Court is also of the view that the Court below may decide the case on the basis of the parties which the plaintiff has arrayed and if the plaintiff did not implead any particular party, then he could not be forced to do so.
Under such circumstances, the order dated 31.8.2017 passed by the Civil Judge (Senior Division), Maharajganj and the order dated 1.2.2018 passed by the District Judge, Maharajganj are quashed. The suit shall now be proceeded with on a day to day basis. Adjournment may be granted under extremely pressing circumstances and that too upon the imposition of a minimum cost of Rs.2000/- on the party seeking adjournment.
The writ petition is, accordingly, allowed.
Order Date :- 27.11.2019 GS (Siddhartha Varma, J.)