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Dheeraj Singh
(Querist) 16 January 2010
This query is : Resolved
Dear All,
"dominus litis"
I am unable to understand the meaning of above.
If any useful site then pls. suggest us.
Regards,
Dheeraj
Binod Kumar Mishra
(Expert) 16 January 2010
Dear Dhiraj,
first off all tell me from which topics you need the meaning of dominus litis. in general term the meaning of this is "master of proceedings".
A V Vishal
(Expert) 16 January 2010
dominus litis - The principal in a suit. The controller of a suit or litigation plaintiff is the dominus litis. He is not bound to sue every possible adverse claimant in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed. But the Court may at any stage of the suit direct addition of parties. A party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him. [Ramesh Hirachand Kundanmal v. Municipal Corpn. [1992] 2 SCC 524]. It is the duty of the Court to ensure that if for deciding the real matter in dispute, a person is a necessary party, it may direct addition of that party. A person who is neither a necessary nor proper party, cannot be allowed to be impleaded as a party [Virtus Dordrecht B.V. v. Vikram Bhargav [2003] 8 ILD 299 (Delhi)]
A V Vishal
(Expert) 16 January 2010
dominus litis - The principal in a suit. The controller of a suit or litigation plaintiff is the dominus litis. He is not bound to sue every possible adverse claimant in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed. But the Court may at any stage of the suit direct addition of parties. A party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him. [Ramesh Hirachand Kundanmal v. Municipal Corpn. [1992] 2 SCC 524]. It is the duty of the Court to ensure that if for deciding the real matter in dispute, a person is a necessary party, it may direct addition of that party. A person who is neither a necessary nor proper party, cannot be allowed to be impleaded as a party [Virtus Dordrecht B.V. v. Vikram Bhargav [2003] 8 ILD 299 (Delhi)]
A V Vishal
(Expert) 16 January 2010
dominus litis - The principal in a suit. The controller of a suit or litigation plaintiff is the dominus litis. He is not bound to sue every possible adverse claimant in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed. But the Court may at any stage of the suit direct addition of parties. A party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him. [Ramesh Hirachand Kundanmal v. Municipal Corpn. [1992] 2 SCC 524]. It is the duty of the Court to ensure that if for deciding the real matter in dispute, a person is a necessary party, it may direct addition of that party. A person who is neither a necessary nor proper party, cannot be allowed to be impleaded as a party [Virtus Dordrecht B.V. v. Vikram Bhargav [2003] 8 ILD 299 (Delhi)]
J K Agrawal
(Expert) 17 January 2010
When a suit is filed by a person it is possible that to delay or defraud the very purpose of plaintiff some unwanted persons try to intrude themselves into the suit. they try to become party to suit and then they file frivolous applications only to cause delay. The main intention of them is to divert the natural course to suit.
Now the maxim Dominus litis comes in picture. It means that the plaintiff alone is master of suit and it is he to decide that how the suit will go. Up to what relief the suit will restrict and he can stop applications of so called his friendly defendants.
