Bombay High Court

M/S. BHIKAMDAS GULABCHAND AND CO. REPRESENTED BY ITS PRESENT PARTNERSversusSTATE OF MAHARASHTRA AND ORS.

Decided: 21 August 2026
Disposal: Disposed Off

Holding

Respondent No.2 is not a necessary party and cannot be impleaded; the order allowing his impleadment is set aside.

Summary

The petition challenged a lower court order that allowed Respondent No.2 to be impleaded in a suit for declaration of title under Order I, Rule 10(2) of the CPC. The petitioner argued that the plaintiff, as dominus litis, alone decides against whom relief is claimed and that Respondent No.2, who merely claimed a historic agreement of sale, was not a necessary party. The High Court held that a party cannot be forced to join the suit unless he is a necessary party and that any right or interest must be pursued through separate proceedings. Relying on the Supreme Court’s decision in NAK Engineering Co. Ltd. v. Tarun Keshrichand Shah, the court set aside the order allowing impleadment. Consequently, the writ petition was allowed and the related interim application was disposed.

Issues considered

Whether Respondent No.2 can be impleaded as a party under Order I, Rule 10(2) of the CPC in a suit for declaration of title.
Whether the plaintiff can be compelled to claim relief against a party who is not a necessary party.
Whether the order allowing Respondent No.2’s impleadment should be set aside.

Legislation cited

Code of Civil Procedure, 1908 — s. Order I, Rule 10(2)

Subjects

impleadment
necessary party
Code of Civil Procedure
Order I Rule 10
declaration of title
civil procedure
writ petition
High Court of Bombay
dominus litis

Judgment

2026:BHC-AS:34671
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                WRIT PETITION NO.5772 OF 2019

             M/s. Bhikamdas Gulabchand & Co.
             represented by its present Partners                        ....Petitioners
                   V/S
             State of Maharashtra & Ors.                                ....Respondents

                                            WITH
                             INTERIM APPLICATION NO.3492 OF 2020
                                             IN
                                WRIT PETITION NO.5772 OF 2019

             M/s. Bhikamdas Gulabchand & Co.
             represented by its present Partners                        ....Applicants
             IN THE MATTER BETWEEN
             M/s. Bhikamdas Gulabchand & Co.
             represented by its present Partners                        ....Petitioners
                   V/S
             State of Maharashtra & Ors.                                ....Respondents
                                             _________

             Ms. Dadhichi Mhaispurkar i/b Mr. Manisha R. Bohra for the Petitioners.
             Mr. Rohit P. Sakhadeo for Respondent Nos.3 and 4/CIDCO.
             Ms. Sneha Vani i/b Law Counsellors for Respondent Nos.17, 19 and 20.
             Mr. Indris M. Vohra for Respondent No.21 and Proprietor of Respondent
             No.22a to 22c.
             Ms. Anakeeta Verma i/b DSK Legal for Respondent Nos.23 to 28.
             Ms. Savina R. Crasto, AGP for Respondent No.1, 4, 5, 6, 8/State.
                                           __________


                                       CORAM : SANDEEP V. MARNE, J.
                                       DATE : 21 AUGUST 2026.
             P.C.:


             1.       The Petition challenges order dated 15 November 2017 passed by
             the learned Civil Judge Senior Division, Panvel, allowing Application at

             katkam                                Page No. 1 of 3
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Exhibit-168 filed by Respondent No.2 for his impleadment under
provisions of Order I, Rule 10(2) of the Code of Civil Procedure, 1908
(the Code).


2.       I have heard the learned counsel appearing for the Petitioner. An
appearance was made on behalf of Respondent No.2, who had filed
Application at Exhibit-168. However, today none has appeared on behalf
of Respondent No.2.


3.       It appears that Plaintiff has filed his suit for declaration of title in
respect of suit properties. Respondent No.2 claims that an Agreement for
Sale was executed in favour of his forefathers on 8 October 1903 and
therefore wants an entry into the suit. In his impleadment application
itself Respondent No.2 pleaded that he is merely a proper party and not
necessary party to the suit. It is well settled principle that Plaintiff is
dominus litis in respect of his own suit and can decide the parties against
whom the Plaintiff wants to claim reliefs. If Respondent No.2 has any
right, title or interest in the suit property, he will have to adopt
appropriate proceedings for the same. In this regard reliance by the
Petitioner on judgment of the Hon’ble Apex Court in NAK Engineering
Company Pvt. Ltd. vs. Tarun Keshrichand Shah and Others 1 appears to
be apposite. In my view therefore, Respondent No.2 cannot force the
Plaintiff to seek relief against him. Respondent No.2 is not a necessary
party to the suit.

4.       Accordingly, order dated 15 November 2017 is set aside. Writ
Petition is allowed in above terms.
1    2026 SCC OnLine SC 4
katkam                                   Page No. 2 of 3
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                         5.       In view of disposal of the Writ Petition, nothing survives in the
                         Interim Application and the same is also accordingly disposed of.



                                                                                 (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                 Page No. 3 of 3
Designation: PS To Honourable Judge
Date: 21/08/2026 20:37:45

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