NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah and Ors., 2026
The judgment reinforces the doctrine of dominus litis as a cornerstone of civil procedure.
Judgement Details
Court
Supreme Court of India
Date of Decision
5 January 2026
Judges
Justice Pankaj Mithal and Justice Prasanna B. Varale
Citation
Acts / Provisions
Facts of the Case
- The suit was filed by the legal heirs of a property owner seeking recovery of unpaid service charges for furniture and fixtures in a commercial premises in Mumbai.
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The suit was instituted against M/s Kishore Engineering Company, a partnership firm occupying the premises as a sub-tenant.
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NAK Engineering Company Pvt. Ltd. filed an application under Order I Rule 10 CPC claiming to be the successor company of the partnership firm under Part IX of the Companies Act, 1956.
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The Trial Court allowed impleadment of the appellant as a defendant in 2018.
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The Bombay High Court, exercising powers under Article 227, set aside the impleadment order in 2022.
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The appellant challenged the High Court’s order before the Supreme Court.
Issues
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Whether a plaintiff can be compelled to implead a party against whom no relief is claimed?
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Whether the appellant was a necessary party for effective adjudication of the money recovery suit?
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Whether the appellant could be treated as a proper party merely on the basis of a claim of succession?
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Whether the doctrine of dominus litis permits forced impleadment under Order I Rule 10 CPC?
Judgement
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The Supreme Court dismissed the appeal and upheld the Bombay High Court’s decision.
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The Court reiterated that the plaintiff is the dominus litis and has the exclusive right to choose its adversaries.
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It held that a plaintiff cannot be compelled to add a party against whom no relief is claimed.
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The Court relied on Kasturi v. Iyyamperumal to explain the distinction between necessary parties and proper parties.
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It found that the suit being a simple money recovery suit, an effective decree could be passed without the appellant.
Held
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A plaintiff cannot be forced to implead a party against whom no relief is sought.
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The appellant was neither a necessary party nor a proper party.
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Mere assertion of being a successor entity does not justify impleadment.
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Order I Rule 10 CPC cannot be used to expand the scope of litigation.
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The appeal was rightly dismissed.
Analysis
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The judgment reinforces the doctrine of dominus litis as a cornerstone of civil procedure.
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It restricts misuse of Order I Rule 10 CPC by third parties seeking entry into litigation.
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The Court maintained procedural discipline by limiting impleadment to genuine cases of necessity.
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The ruling protects plaintiffs from unnecessary and strategic impleadment.
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It clarifies that simple money recovery suits should not be complicated by extraneous parties.