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2025 DAILYLAW 26574 (GAU)

HUMARUN NESSA LASKAR v. MAJIBUL HAQUE LASKAR AND ANR

CRP(IO)/509/2025 · 2025-12-09

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010262552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/509/2025 HUMARUN NESSA LASKAR D/O- LATE KALA RAJA LASKAR @ MONDAL MIA, W/O LATE MAYUR UDDIN LASKAR, VILL- NITAINAGAR PT.-III, P.O.- NITAINAGAR, P.S. AND DIST- HAILAKANDI, PIN-788155 VERSUS MAJIBUL HAQUE LASKAR AND ANR S/O- LATE ASAB ALI LASKAR, VILL- NITAINAGAR PT.-III, P.O.- NITAINAGAR, P.S. AND DIST- HAILAKANDI, ASSAM, PIN-788155 2:ABUL HUSSIAN LASKAR (BACHU) S/O ABDUL LATIF LASKAR R/O VILL- BISHNU NAGAR P.O.- NITAINAGAR PT-3 P.S. AND DIST- HAILAKANDI ASSA Advocate for the Petitioner : MS B DEVI, MS. S BORA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA 10.12.2025 Heard Ms. B. Devi, learned counsel for the petitioner. 2. This is an application under article 227 of the Constitution of India challenging the Page No.# 2/2 order dated 07.08.2025 passed by the learned Civil Judge, Junior Division No. 2, Hailakandi, in T.S. No. 68/2024. 3. Then respondent filed the suit against Abul Hussain Laskar praying for his eviction from a shop. Thereafter, the present petitioner filed an application under Order 1 Rule 10 of the CPC pleading that she should be impleaded as one of the defendants in the said suit. She claimed that the aforementioned shop premises belonged to her which she got by right of inheritance from her father. 4. The trial court refused the said prayer on the ground that if the petitioner is impleaded as one of the defendants the nature of the suit will be changed. 5. I have considered the submissions made by the learned counsel for the petitioner. 6. In a civil suit, the plaintiff is the dominus litis. It is the plaintiff whose wish is important. He can file a suit against anyone. If the court feels that the suit of the plaintiff is bad for non-joinder of necessary party, then the court will ask the plaintiff to implead a particular party/parties. Nobody can claim to be impleaded as defendant in a civil suit. 7. For this reason, this court has decided to agree with the trial court. The trial court has rightly rejected the prayer of the petitioner. The present revision petition is found to be devoid of merit and stands dismissed and disposed of. JUDGE Comparing Assistant