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; the order allowing his impleadment is set aside.

Summary

The petitioners, M/s Bhikamdas Gulabchand & Co., challenged a November 2017 order of the Civil Judge, Senior Division, Panvel that allowed Respondent No.2 to be impleaded under Order I, Rule 10(2) of the CPC. Respondent No.2 claimed an ancestral agreement of sale dated 8 October 1903 and sought entry into a suit for declaration of title, asserting he was only a proper party, not a necessary one. The High Court held that the plaintiff, as dominus litis, alone determines the parties against whom relief is claimed, and a party with a mere right or interest must pursue separate proceedings. Relying on the Supreme Court’s decision in NAK Engineering Co. Ltd. v. Tarun Keshrichand Shah, the Court set aside the impleadment order, declaring Respondent No.2 not a necessary party. Consequently, the writ petition was allowed and the related interim application was disposed.

Issues considered

Whether Respondent No.2 can be impleaded as a proper party under Order I, Rule 10(2) of the CPC when he claims only a right in the suit property.
Whether the plaintiff can be compelled to include a party who is not a necessary party to the suit.

Legislation cited

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

Subjects

impleadment
necessary party
Civil Procedure Code
Order I Rule 10(2)
declaration of title
writ petition
High Court of Bombay

Judgment

2026:BHC-AS:34668
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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 20:36:40

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