Calcutta High Court: A Single Judge Bench comprising of Sanjib Banerjee, J., decided a petition wherein it was held that a stranger claiming to be a co-sharer in the suit property was not entitled to be impleaded as a co-plaintiff when the original plaintiff opposes such inclusion.
The petitioner was the original plaintiff in a suit for eviction of a licensee. By the impugned order, the trial court allowed a stranger to be impleaded as a co-plaintiff upon such stranger claiming to be a co-sharer of the property with the original plaintiff. The present petitioner-original plaintiff, aggrieved by the said order, filed the instant petition.
The High Court, after going through the records and considering the submissions made on behalf of the petitioner, was of the view that it was always open to the petitioner to oppose or embrace the said stranger as a co-sharer. Once the petitioner opposed the alleged co-sharer, the alleged co-sharer was not entitled to jump in as a co-plaintiff and the trial court was completely wrong in adding the alleged co-sharer as an added plaintiff. Indeed, the plaintiff being dominus litus (Master of the suit) and having the carriage of proceedings has complete freedom to choose parties to the action. By the impugned order, the trial court virtually granted a declaration in favor of a stranger without any evidence or other material available to the Court. Merely because a person asserts that he is a co-sharer does not make him a co-sharer. Accordingly, the petition was allowed and the impugned order of the learned trial court was set aside so far as it permitted the alleged co-sharer to join the said suit as a co-plaintiff. [Rajendra Yadav V. Arati Plastic, 2018 SCC OnLine Cal 10, order dated 04-01-2018]
