IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19593 of 2011 Shree Parvir Kumar Ghosh & Ors Versus Triveni Roy & Ors ---------------------------------- 11. 16.12.2011 Heard the learned counsel for the petitioners and the learned counsel for the respondents. This application has been filed by the defendant-petitioner against the order dated 10.07.2008 passed by the Munsif II, Kishanganj in Title Suit No.12 of 2004 whereby the learned Court below allowed the intervention application filed by the respondent no.9. In 1998(3) PLJR 13(Sheoshankar Nonia & Another vs. Ramdaur Barai & others). This High Court has held that the defendant has no locus standi to object the addition of party when no objection has been raised by the plaintiff. From perusal of the impugned order, it appears that after considering the case of the parties and also the case of the intervener, the learned Court below came to the conclusion that the presence of the intervener is necessary for the decision of real controversy between the parties and, therefore, allowed the intervention application. The provision contained in Order 1 Rule 10(2) C.P.C. speaks about the discretion of the Court and not the right of a party. A necessary party must be added as defendant in the suit. The 2 plaintiff is the dominus litis. Here the plaintiff is not objecting to the addition of the intervener. The defendants are challenging the addition of the parties on the ground that application has been filed collusively. So far this point is concerned, it cannot be decided at this stage. It is a matter that may be considered at the time of judgment. At this stage when the plaintiffs themselves are not objecting to the addition of the respondent no.9 and the learned Court below after considering the respective cases exercised his discretionary jurisdiction, in my opinion, the said order cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)