IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16222 of 2011 Ramji Prasad Versus Md.Quayum & Ors ---------------------------------- 02. 21.09.2011. Heard the learned counsel for the petitioner. By the impugned order dated 23.06.2011 passed by Sub Judge VI, Gopalganj in title suit no.69 of 2004, the application filed by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure has been rejected finding that the petitioner is not a necessary party in the suit filed by the plaintiff against the defendants. It is well settled principles of law that plaintiff is dominus litis and he cannot be compelled to fight against a person against whom he is not claiming any relief. Further, Order 1 Rule 10 does not speak about right of a party to be impleaded in a suit rather it speaks about the jurisdiction or discretion of the Court to add a party when it finds that a person is necessary in the suit for just decision of the controversy arising between the parties. Since the Court below has found that the petitioner is not necessary party, in view of the decision reported in 2010(7) S.C.C. 417, I am not inclined to interfere with the impugned order. Accordingly, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)