The Doctrine of Dominus Litus: An Overview

The Doctrine of Dominus Litus is a fundamental principle in civil litigation. It means that the plaintiff, as the master of the suit, has the right to decide who should be the parties to the suit. This doctrine is based on the premise that it is the plaintiff who is aggrieved and therefore, he should have the right to decide against whom he wants to fight the case[^1^].

Application of the Doctrine of Dominus Litus

While the Doctrine of Dominus Litus gives the plaintiff the right to decide who should be the parties to the suit, this right is not absolute. It is subject to the provisions of the Civil Procedure Code, including Order 1, Rule 10. The court, in its discretion, can add or remove parties to ensure that all necessary and proper parties are before it, and that the dispute can be finally and completely settled[^2^].

In the ultimate analysis, the court is required to see whether the persons who claim to be impleaded have a direct interest in the subject matter of the dispute and whether their presence would help the court to finally and completely adjudicate the dispute[^3^].

In other words, the court has the discretion to either allow or reject an application of a person claiming to be a proper party, depending upon the facts and circumstances. No person has a right to insist that he should be impleaded as a party, merely because he is a proper party[^4^].

Order 1, Rule 10 of CPC: An Overview

Order 1, Rule 10 of the Civil Procedure Code (CPC) is a procedural provision that empowers the court to add, substitute, or strike down a person impleaded as a party to the suit. This rule is based on the fundamental principle of enabling the court to effectually and conclusively adjudicate upon and settle all the questions involved in the suit. It is a discretionary power vested in the court to be exercised according to reason and fair play, and not according to whims and caprice[^1^].

Sub-rule (2) of Order 1, Rule 10

Sub-rule (2) of Order 1, Rule 10 provides for the addition, deletion, and substitution of parties. This can be done either upon or without an application of either party. The court, in its judicial discretion, can decide whether a person should be added or removed as a party to the suit[^2^].

Sub-rule (4) of Order 1, Rule 10

Sub-rule (4) of Order 1, Rule 10 stipulates that where a defendant is added, the plaint shall be amended, and the amended copies of the summons and the plaint must be served on the new defendant[^3^].

The Doctrine of Dominus Litus

The Doctrine of Dominus Litus is a fundamental principle in civil litigation. It means that the plaintiff, as the master of the suit, has the right to decide who should be the parties to the suit. However, this doctrine is subject to the provisions of Order 1, Rule 10 of the CPC. The court, in its discretion, can add or remove parties to ensure that all necessary and proper parties are before it, and that the dispute can be finally and completely settled[^4^].

Order 1, Rule 10 of CPC vis-a-vis Order XXII, Rule 4 of CPC

Order XXII, Rule 4 of CPC: An Overview

Order XXII, Rule 4 of the CPC deals with cases where a defendant dies during a lawsuit. It states that if a defendant dies and the right to sue does not survive against the remaining defendant(s) alone, or if the sole surviving defendant dies and the right to sue survives, the court can make the legal representatives of the deceased defendant a party and continue with the suit. To invoke this rule, the following conditions must be met: (i) the death of the defendant, (ii) the survival of the right to sue, and (iii) the right to sue not surviving against the remaining defendant(s) alone[^5^].

Order 1, Rule 10(2) vis-a-vis Order XXII, Rule 4: The Jammu and Kashmir High Court’s Interpretation

The Jammu and Kashmir High Court, in the case of Hakim Din Vs Akbar Noor & Ors[^6^], differentiated the ambit and scope of Order 1, Rule 10(2) and Order XXII, Rule 4 of the CPC. The court clarified that while Order 1, Rule 10(2) enables the court to add, substitute or strike down a person impleaded as a party to the suit, Order XXII, Rule 4 requires the plaintiff to bring legal heirs/representatives of a deceased defendant on record. Therefore, where a case is covered by Order XXII, Rule 4, the provisions of Order 1, Rule 10(2) stand excluded on the well-known principle “general words do not derogate special provisions”.

Continue to Part 2