IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.192 of 2007 ---- M/S Hindustan Petroleum Corporation Limited, 17 Jamshedji Tata Road, Bombay-400020 through its Senior Regional Manager (Duly constituted Attorney), Patna Regional Office, Situated at 6th floor, Jai Prakash Bhawan, Dakbunglow, P.S. Kotwali, Town and District- Patna. -- Defendant 3rd Party-Petitioner. Versus 1. Abdul Wahaw son of Late Abdul Monnaf Khan, resident of village Bathana, P.O. Bijadhari, P.S. Kesaria, District-East Champaran at present residing at Mohalla- Naya Tola, P.O. & P.S. Bettia, District-West Champaran. --Plaintiff- Opposite Party. 2. Bibi Malka Shama wife of Late Abdul Monnaf Khan, resident of village Bathana, P.O.-Bijadhari, P.S. Kesaria, District-East Champaran. -- Substituted defendant 1st Party- Opposite Party. 3. Sohail Khan, resident of village Bathana, P.O. Bijadhari, P.S. Kesaria, District East Champaran at present residing at 132 KV G.S.S. Rajasthan Electricity Board, Churu, Rajasthan. 4. Afroz Khan son of Late Abdul Monnaf, resident of Mohalla Naya Tola, P.O. & P.S.- Bettia, District-East Champaran at present residing at Room No.17, Hadi Hasaan Hall, A.M.U. Aligarh (U.P.). 5. Anawari Khatton, daughter of Abdul Monnaf Khan, wife of Zalillur Rehman Khan, resident of village Bathana, P.O. Bijdhari, P.S. Kesaria, District-East Champaran. 6. Ahmad Khan 7. Mazia Khan Both sons of Late Abdul Monnaf Khan resident of village Bathana, P.O. Bijadhari, P.S. Kesaria, District East Champaran. 8. Ashraf Khan 9. Parwez Khan 10. Jawed Khan All three sons of Late Abdul Monnaf Khan, resident of village Bathana, P.O. Bijadhari, P.S. Kesaria, District-East Champaran at present residing at Mohalla- Naya Tola, P.O. & P.S. Bettia, District- West Champaran. -- Defendants 2nd Party-Opposite Parties 11. Hari Madhaw Prasad Shahi son of Late Thakur Pd. Shahi, resident of village-Chanainbandh, P.S. Manjhaulia, District-West Champaran at present resident of Dak Bungalow Road, P.O. & P.S. Bettia, District-West Champaran. --Defendant 4th party-opposite party. 12. Emanual Augusteen Sharma son of Augusteen Sharma 13. Smt. Renu Sharma wife of Emmanuel Augusteen Sharma Both resident of Mohalla-Christian Toli, P.O. & P.S.- Bettia, District- West Champaran. -- Defendant 5th Party- Opposite parties. ---- - 2 - For the petitioner : Mr. Rajeev Prakash, Advocate. For the opposite parties : None. ---- 02. 24.06.2009 Heard learned counsel for the petitioner. This civil revision has been filed on behalf of defendant no.8-petitioner, namely M/s Hindustan Petroleum Corporation Limited challenging order dated 20.12.2006 by which learned Subordinate Judge II, East Champaran, rejected its petition for deletion of its name from the list of defendants in Title Suit No.190 of 1989. The aforesaid suit was filed by the plaintiffs-opposite parties for declaring that defendant no.1 has retired and resigned from the partnership business and he is no longer a partner of the business and only plaintiff and defendant 2nd party are partners of the business. So far defendant no.8-petitioner is concerned, it is not in dispute that the agreement with regard to petroleum business had been signed by the father of the plaintiff and defendant no.8 due to which reason defendant no.8 had been impleaded as a party to the suit. It transpires that much subsequently on 04.09.2006, i.e. after about 17 years of the filing of the suit, the petitioner filed a petition for deletion of its name from the list of defendants in the suit. From perusal of the impugned order it transpires that the learned court below had considered the matter in detail and has found that defendant no.8 was a necessary and proper party to the suit. Furthermore, the plaintiff is a dominus litus and if he feels that a person is necessary for disposal of the suit, it is he who can decide whom to be impleaded. In the said circumstances, the learned court - 3 - below was quite justified in rejecting the petition of the defendant- petitioner. This court does not find any illegality in the impugned order of the learned court below, nor does it find any jurisdictional error therein. Accordingly, this civil revision is dismissed. Sunil (S. N. Hussain, J.)