Judgment Case ID: 674

Judgment:
Appeal No. 695 of 1957. Appeal by special leave from the judgment and order dated September 17	 1957	 of the Andhra 1113 Pradesh High Court in Civil Revision Petition No. 1112 of 1957 arising out of the order dated July 6	 1957	 of the Court of the Second Additional Judge	 City Civil Court	 Hyderabad (Decan)	 made on the application under 0. 1	 r. 10	 (C. P. C. in Original Suit No. 43/1 of 1957. M.C. Setalvad	 Attorney General for India	 C. K. Daphtary	 Solicitor General of India	 H. N. Sanyal	 Additional Solicitor General of India	 N. C. Chatterjee	 Syed Mohasim	 Akbar Ali Mosavi	 H. J. Umrigar	 0. N. Srivastava	 J. B. Dadachanji	 section N. Andley	 Rameshwar Nath and P. L. Vohra	 for the appellant. Purshottam Tricumdas	 Anwarull Pusha and G. Gopalakrishnan	 for respondent No. 1. Sir Sultan Ahmed	 A. Ramaswami Iyengr C. Chakravarthy	 section Ranganathan and G. Gopalakrishan	 for respondent No. 2. G.S. Pathak	 A. V. Viswanatha sastri	 Mohd. Yunus Saleem	 Ghulam Ahmed Khan	 Choudhary Akhtar Hussain	 Shaukat Hussain and Sardar Bahadur	 for respondent No. 3. 1958. May 23. The judgment of B. P. Sinha and J. L. Kapur JJ. was delivered by Sinha J. Jafer Imam J. delivered a separate judgment. SINHA J. This appeal by special leave is directed against the concurring judgments and orders of the courts below	 allowing the intervention of respondents I and 2 and adding them as defendants 2 and 3 in the suit instituted by the appellant against her alleged husband	 now respondent 3	 who was the sole defendant in the suit as originally framed. The main question in controversy in this appeal is the true construction of sub r. (2) of r. 10 of 0. 1 of the Code of Civil Procedure	 and its application to the facts of this case which are given below: On April 12	 1957	 the plaintiff appellant in this Court instituted the suit out of which this appeal arises against the third respondent who is the second son of His Exalted Highness the Nizam of Hyderabad	 and who will	 hereinafter	 be referred to as the Prince. 1114 In the plaint she alleged that she is the lawfully married wife of the Prince	 the marriage ceremony (Nikah) having been solemnized in accordance with the Shia Law by a Shia Mujtahid on October 19	 1948. The plaintiff also averred that the issue of the marriage were three daughters aged 8	 7 and 5 years; that the fact of the marriage was known to all persons acquainted with the Prince; that there was a prenuptial agreement	 whereby the Prince agreed to pay Rs. 2	000 per month to the plaintiff as Kharch e pandan; that the Prince stopped the payment of the allowance aforesaid of Rs. 2	000 per month	 since January	 1953	 without any reasons and in contravention of the said agreement. On these allegations	 she asked for the following two declarations: (1)That the plaintiff be declared to be the legally wedded wife (Mankuha) of the defendant	 (2)That a decree be passed in favour of this plaintiff against the defendant declaring her to be entitled to receive from the defendant 1. G. Its. 2	000 per month as Kharch e pandan. " It may be noted that she did not make any claim for arrears of the allowance aforesaid since the date the Prince is alleged to have stopped payment of the same. Only ten days later	 on April 22	 1957	 the Prince filed his written statement	 admitting the entire claim of the plaintiff for the two declarations aforesaid. On that very date	 an application under 0. 1	 r. 10	 of the Code of Civil Procedure	 on behalf of (1) Saliebzadi Anwar Begum	 and (2) Prince Shahainat Ali Khan	 minor	 under the Guardianship of his mother	 the said Sahebzadi	 was made. They are respondents I and 2 respectively in this Court. The Sahebzadi	 respondent 1	 claimed to be the " lawful and legally wedded wife" of the Prince	 and respondent 2	 the son of the Prince by the first respondent. In their petition they stated inter alia: " The plaintiff herself has stated in the plaint that the defendant is trying to suppress the facts of his marriage with the plaintiff so that the members of his family should conclude that the plaintiff is not his Nikah wife	 and the defendant is interested in denying the rights and status of the plaintiff. 1115 The petitioners on being joined as parties to the suit will be equally interested in denying the marriage of the plaintiff and her rights and status. . The peti tioners have reasons to believe that the above suit is a result of collusion. The object and motive of the plaintiff in instituting the above suit is to adversely affect the relationship of the petitioners and the defendant and also to deprive the rights and interests of the petitioners in the defendant 's estate. " On June 15	 1957	 the plaintiff made an answer to the petition for intervention	 filed by respondents I and 2 aforesaid. She denied the right of the interveners to be impleaded in that suit	 and asserted that the " possibility of the rights of the petitioners being infringed are very remote	 contingent upon their or plaintiff surviving the defendant or other circumstances which may or may not arise." She also founded her objection on the ground that	 having regard to the admission of the defendant in his written statement	 " there is no serious controversy in the suit. " She also added a number of legal objections which need not be specifically noticed as they have not been pressed in this Court. She further asserted that the petitioners (meaning thereby	 respondents I and 2) are neither necessary nor proper parties to the suit. She anticipated the ground most hotly contested in this Court	 by asserting that the " judgment of this Hon 'ble Court in this suit will not be conclusive as against petitioners as they allege collusion and they will not be prejudiced by not being made parties. " She ends her statement by making the following significant allegation: " The alleged collusion and motive attributed to the plaintiff for instituting this suit are denied. On the other hand	 the application to be added as defendants is mala fide and malicious and is evidently inspired by some strong force behind them interested in harassing the plaintiff and exposing her to the risk of a vexatious and protracted litigation. " The Prince	 in his own answer to the application for intervention	 stated that he admitted that the first 142 1116 respondent is his wife and that the second respondent is his son	 and repeated his admission by saying that lie married the plaintiff in October	 1948	 and the first respondent in December 1952. He added further that when he married the first respondent	 he had already three daughters by the plaintiff	 which fact was known to the first respondent at the time of her marriage with him. He supported the plaintiff in her objection to the intervention by asserting that the rights of respondents 1 and 2 will not be affected in any way	 and by insisting upon his Muslim right of having four wives living at the same time. He also supported the plaintiff in her denial of the allegation of collusion and " that the suit is intended to adversely affect the relationship of the petitioners and the defendant respondent and to deprive the rights and interests of the petitioners in the defendant respondent 's estate. " He	 in his turn	 added the following equally significant penultmate para: " That the petitioners ' application has been filed in order to prolong the litigation and that the defen. dant responaent 's father His Exalted Highness the Nizam	 appears to be more interested than petitioner No. 1 herself	 in creating unnecessary complications in the suit. " On these allegations and counter allegations	 after hearing the parties	 the trial court	 by its judgment and order dated July 6	 1957	 allowed the application for intervention	 and directed respondents 1 and 2 to be added as defendants. The court	 after discussing all the contentions raised on behalf of the parties	 observed that there were indications in the record of a possible collusion between the plaintiff and the defendant; that the relief claimed under section 42 of the Specific Relief Act	 being discretionary	 could not be granted as of right ; that the presence of the interveners would help the court in unravelling the mysteries of the litigation	 and that there was force in the contention put forward on behalf of the interveners that under section 43 of the Specific Relief Act	 any declaration given in favour of the plaintiff will be binding upon the interveners. It also held that in order effectually and completely to 1117 adjudicate upon and settle the present controversy	 the presence of the interveners was necessary. The plaintiff moved the High Court of Judicature of Andhra Pradesh	 at Hyderabad	 under section 115 of the Code of Civil Procedure	 to revise the aforesaid order of the learned trial judge. The High Court	 in a wellconsidered judgment	 after discussing the points raised for and against the addition of the parties	 and noticing almost all the authorities quoted before us	 refused to interfere with the discretion exercised by the trial court	 and dismissed the revisional application. It came to the conclusion that the first respondent	 the admitted wife of the defendant	 and the second respondent	 the admitted son by her	 are interested in denying the status claimed by the plaintiff	 and " have some rights against the estate of the 3rd respondent. The learned Judge of the High Court further observed When so much sanctity is attached to the status of marriage	 it would indeed be strange that persons who are so intimately related to the 3rd respondent as wife and son	 should be denied the opportunity of contesting the status of the petitioner as his lawfully married wife. . It cannot be that the petitioner is seeking any empty relief carrying with it the stamp of futility and it is difficult to assume that she is fighting a vain or purposeless litigation. If what she is seeking is a relief which will carry with it certain legal incidents	 are not persons interested in denying her status proper parties to the litigation ? " The Court also observed that it was with a view to avoiding multiplicity of suits that r. 10(2) of 0. 1	 had made provision foradding parties. The Court noticed the argument under section 43 of the Specific Relief Act	 but did not express any final opinion	 because	 in its view	 it had already reached the " conclusion that the proposed parties are persons whose presence before the court is necessary within the meaning of 0. 1	 r. 10 (2)	 so as to ensure that the dispute should be finally determined once for all in the presence of all the parties interested. " Against the judgment of the High Court	 refusing to set aside the order passed by the learned trial judge	 1118 the plaintiff moved this Court and obtained special leave to appeal. In the forefront of his arguments in support of the appeal	 the learned Attorney General submitted that the court had no jurisdiction to add the first two respondents as defendants in the suit. He relied upon the words of the relevant portion of sub rule (2) of r. 10 of O. I of the Code	 which are as follows: " (2). . . and that the name of any person who ought to have been joined	 whether as plaintiff or defendant	 or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit	 be added. He rightly pointed out	 and there was no controversy between the parties before us	 that the added defendants do not come within the purview of the words " who ought to have been joined "	 which apparently have reference to necessary parties in the sense that the suit cannot be effectively disposed of without their presence on the record. The learned Attorney General strenuously argued that it cannot be asserted in this case that the presence of the added defendantsrespondents 1 and 2 before the court was necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. He founded this argument on the legal position that the wife and the son of the Princerespondents I and 2 have no present interest in his estate. Their expectancy of succession to the estate of the Prince does not clothe them with any right vested or contingent to intervene in this action. In this connection	 he pointed out that r. 10 of 0. 1 of the Code of Civil Procedure	 which corresponds to portions of 0. 16	 r. 11	 of the Rules of the Supreme Court in England	 has been the subject matter of judicial interpretation in many cases. Both	 in this country and in England	 there have been two currents of judicial opinion	 one taking what may be called the narrower view	 and the other	 the wider view. As illustrations of the former	 that is to say	 the narrower 1119 view	 may be cited the cases of Moser vs Marsden (1) and McCheane vs Gyles (No. 2) (2). In India	 this view is represented by the decision in the case of Sri Mahant Prayaga Doss Jee Varyu vs The Board of Commissioners for Hindu Religious Endowments	 Madras (3). On the other side of the line	 representing the wider view	 may be cited the case of Dollfus Mieg Et Compagnie section A. vs Bank of England (4). In India	 the decisions of the Madras High Court	 in the cases of Vydianadayyan vs Sitaramayyan (5) and Secy. of State vs M. Murugesa Mudaliar (6)	 were cited as illustrations. But it was contended on behalf of the appellants that whether the narrower or the wider view of the interpretation of sub r. (2) of r. 10 of 0. I of the Code of Civil Procedure is taken	 the result	 so far as the present controversy is concerned	 would be the same. In the leading case of Moser vs Marsden (1)	 Lindley L. J. has held that a party who is not directly interested in the issues between the plaintiff and the defendant	 but is only indirectly or commercially affected	 cannot be added as a defendant because the court has no jurisdiction	 under the relevant rule	 to bring him on the record even as a " proper party ". That was a suit to restrain the alleged infringement of the plaintiff"s patent by the defendant	 Marsden. The Court held	 reversing the order of the trial judge	 that the party sought to be added had no direct interest in. the subject matter of the litigation	 and all that could have been said on behalf of the party intervening was that the judgment against the defendant would affect his interest commercially. The Court distinguished the previous decisions in Vavasseur vs Krupp(7) and Apollinaris Company vs Wilson (8)	 on the ground that in those cases the litigation would have affected the property of the persons not before the court. This leading case of Moser vs Marsden (1) is clearly an authority for the proposition that the court has jurisdiction to add as a party defendant only a person (1) (2) (3) Mad. (4) [195O] 2 All E. R. 605. (5) Mad. (6) A. I. R. (7) . (8) 1120 who is directly interested in the subject matter of the litigation and not a person who will be only indirectly or commercially affected. Kay L. J. who agreed with Lindley L. J. in that case	 observed that the relevant rule of the Supreme Court	 on its proper construction	 authorized the court to add only such persons as would be bound by the judgment to be given in the action	 but did not authorize the court to add any persons who would not be so bound and whose interest may only indirectly be affected in a commer cial sense. To the same effect is the decision in Re I. G. Farbeninadusrie A. G. Agreement (1). The Court held that in order that a party may be added as a defendant in the suit	 he should have a legal interest in the subject matter of the litigation legal interest not as distinguished from an equitable interest	 but an interest which the law recognizes. Lord Greene M. R. giving the judgment of the Court	 also observed that the court had. no jurisdiction to add a person as a party to the litigation if he had no legal interest in the issue involved in the case. In the case of Vydianadayyan vs Sitaramayyan (2)	 in which the wider view of the interpretation of the relevant rule was taken	 Turner C. J. delivering the judgment of the Court	 observed that the wider interpretation which enabled the court to avoid conflicting decisions on the same question and which would finally and effectually put an end to the litigation respecting it	 should be adopted. But in that case also the party added as defendant was interested in the subject matter of the litigation	 though there was no impediment to the court determining the issues between the parties originally before the court. The learned Judge	 on a discussion of the English and Indian cases on the subject	 came to the conclusion that a material question common to all the parties to the suit and to third parties should be tried once for all. He held that to secure this result the court bad a discretion to add parties a discretion which has to be judicially exercised	 that is	 that by adding the new parties the court should not inflict injustice upon the parties already on the record	 in the sense (1) (2) Mad. 1121 that they would be prejudiced in the fair trial of the questions in controversy. The two Madras decisions in Sri Mahant Prayaga Doss Jee Varu vs The Board of Commissioners for Hindu Religious Enclowmentg	 Madras (1) and Secy. of State vs M. Murugesa Mudaliar (2) appear to have taken conflicting views on the question whether Government could be added as a party to the litigation not because it was directly interested in the subjectmatter of the litigation	 but because the law enacted by the legislature of that State had been questioned. this controversy appears to have been raised in the Federal Court in the case of The United Provinces vs Mst. Atiqa Begum (3). In that case the provincial legislature of the United Provinces	 as it then was	 had enacted the United Provinces Regularization of Remissions Act (XIV of 1938) precluding the courts from entertaining any question as to the validity of certain orders of remission of rents. The validity of that Act was questioned in a litigation between a landlord and his tenants. At the High Court stage the Provincial Government was added as a party to the litigation at the instance of the Advocate General	 with a view to enabling the Government to come up in appeal to the Federal Court in order to obtain a more authoritative pronouncement on the vales of the Act. In the Federal Court the power of the High Court to add the Provincial Government as a party was specifically questioned. Gwyer C. J. noticed the two Madras decisions referred to above but assumed that there was jurisdiction in the Court in a proper case to do so	 and	 therefore	 did not express his considered opinion in view of the fact that his two colleagues	 Sulaiman and Varadachariar JJ. had agreed	 though for different reasons	 in the view that the High Court had jurisdiction to implead the Government though it was only indirectly interested in the litigation. Sulaiman J. was inclined to take the view that there was a discretion in the High Court to add the Government as a party. On the other hand	 Varadachariar J. (1) Mad. 34. (2) A.I.R. 1929 Mad 443. (3) 1122 was inclined to take the view that the State did not stand on the same footing as a private third party for all purposes. He took the view that the State as the guardian of the public interest should not be called upon to show some pecuniary or proprietary interest or interest in public revenue in the questions involved	 to be added as a party. He also observed that in a case where the State intervention was concerned	 " it must be decided on broad grounds of justice and convenience and not merely as turning on the interpretation of a particular rule in the Civil Procedure Code. " Discussing the question whether it was a matter of discretion or of Jurisdiction in the court to make an order adding a party	 the learned Judge made the following observations : " In my opinion	 there is no case here of defect of jurisdiction in the sense in which it is said that consent cannot cure a defect of jurisdiction. It is true that in Moser vs Marsden (1)	 Lindley L. J. observed that the question was not one of " discretion but of jurisdiction ". But as the antithesis shows	 the learned L. J. apparently had in mind the difference between the decision of the question of joinder on the interpretation of a rule of law and a direction given by the lower court in the exercise of its discretion	 because in the latter case the court of appeal would generally be reluctant to interfere. It may even be regarded as a case of excess of jurisdiction within the meaning of section 115 of the Civil Procedure Code	 but that will not make the order void in the sense that it may be ignored or treated as if it had never been passed. " It would thus appear that the courts in India have not treated the matter of addition of parties as raising any question of the initial jurisdiction of the court. It may sometimes involve a question of jurisdiction in the limited sense in which it is used in section 115 of the Code of Civil Procedure. It is no use multiplying references bearing on the construction of the relevant rule of the Code relating to addition of parties. Each case has to be determined on its own facts	 and it has to be recognized that no decided cases have been brought to our notice which (1) 1123 can be said to be on all fours with the facts and circumstances of the present case. There. 	cannot be the least doubt that it is firmly established as a result of judicial decisions that in order that a person may be added as a party to a suit he should have a direct interest in the subject matter of the litigation whether it raises questions relating to moveable or immoveable property. In the instant case	 we are not concerned with any controversy as regards property or estate. Hence	 all the cases cited at the bar	 laying down that a person who has no present interest in the subjectmatter cannot be added	 are cases which were con cerned with property rights. In this case	 we are concerned primarily with a declaration as regards status which directly comes under the provisions of section 42 of the Specific Relief Act. We are concerned	 in this case	 with the following provisions of section 42: " 42. Any person entitled to any legal character	 or to any right as to any property	 may institute a suit against any person denying. or interested to deny	 his title to such character or right	 and the Court may in its discretion make therein a declaration that he is so entitled	 and	 the plaintiff need not in such suit ask for any further relief. " This section recognizes the right in any person to have a declaration made in respect of his legal character or any right to property. To such a suit for a mere declaration	 any person denying or interested to deny the existence of any legal character or the alleged right to any property	 would be a necessary party. The plaintiff appellant chose to implead only her alleged husband	 the Prince. There is no clear averment in the plaint that the defendant had ever denied the legal character in question	 namely	 the status of the plaintiff as his wife. The substance of the plaintiff 's cause of action is stated in para. 3 of the plaint. From the words used in the said para. of the plaint	 it is clear that the persons who are alleged to have known the existence of the relationship of husband and wife between the parties would include the respondents 1 and 2	 and that the Prince had been trying to suppress the fact of 143 1124 the marriage with the plaintiff so as to lead the members of his family to conclude that the plaintiff is not his wife	. The gravamenofthechargeagaiiistthePrince is that " he refuses to openly acknowledge the plaintiff as his legally wedded wife	 "	 and that this conduct has cast a cloud oil the plaintiff 's status as such wife. Such a conduct on the part of the Prince	 it is further alleged	 is not only injurious and detrimental to the rights of the plaintiff	 but is adversely affecting the rights of the issue of the marriage	 meaning thereby	 the three daughters by the plaintiff. It is thus clear	 as was contended on behalf of respondents I and 2	 that reading between the lines of the averments aforesaid	 it is suggested that not only the defendantrespondent 3 but the other inembers of his family	 including respondents I and 2	 were interested ill deying the plaintiff 's alleged status	 and that this suit 	,as being instituted to clear the cloud cast not, only upon the plaintiffs status as a legally wedded wife, but upon the status of the three daughters by her. It is clear, therefore, that if the plaintiff had been less disingenuous and had impleaded the first and the second respondents also, as defendants in the suit, the latter could not have been discharged from the action on the ground that they had been unnecessarily impleaded and that no cause of action bad been disclosed against them. They would certainly have been proper parties to the suit. This is a very important aspect of the case which has to be kept ill view in order to determine the question whether respondonts, 1 and 2 had been rightly added as defendants on their own intervention. It is also clear on the words of the statute, quoted above, that the grant of a declaration such as is contemplated by section 42, is entirely in the discretion of the court. At this stage it is convenient to deal with the other contention raised on behalf of the appellant namely, that in view of the unequivocal admission of the plaintiffs claim by the Prince in his written statement and repeated as aforesaid in his counter to the application for intervention by respondents I and 2, no serious controversy now survives. It is suggested 1125 that the declarations sought in this case would be granted as a matter of course. In this connection, our attention was called to the provisions of r. 6 of 0. 12 of the Code of Civil Procedure, which lays down that upon such admissions as have been made by the Prince in this case the court would give judgment for the plaintiff. These provisions have got to be read along with r. 5 of 0. 8 of the (,ode with particular reference to the proviso which is in these terms:  Provided that the Court may in its discrettion require any fact so admitted to be proved otherwise than by such admission. " The proviso quoted above is identical with the proviso to section 58 of the Indian Evidence Act	 which lays down that facts admitted need not be proved. Reading all these provisions together	 it is manifest that the court is not bound to grant the declarations prayed for even though the facts alleged in the plaint may have been admitted. In this connection	 the following passage in Anderson 's " Actions for Declaratory Judgments "	 Vol. 1	 p. 340	 under article 177	 is relevant: " A claim of legal or equitable rights and denial thereof on behalf of an adverse interest or party constitutes a ripe cause for a proceeding	 seeking declaratory relief. A declaration of rights is not proper where the defendant seeks to uphold the plaintiff 	 in such an action. The required element of adverse parties is absent." " In others words the controversy must be between the plaintiff and the respondent who asserts an interest adverse to the plaintiff. In the absence of such a situation there is no justiciable controversy and the case must be characterized as one asking for an advisory opinion	 and as being academic rather than justiciable. . . " " i.e.	 there must be an actual controversy of justiciable character between parties having adverse interest." Hence	 if the court	 in all the circumstances of a parti cular case	 takes the view that it would insist upon the burden of the issue being fully discharged	 and if the	 1126 court	 in pursuance of the terms of section 42 of the Specific Relief Act	 decides	 in a given case	 to insist upon clear proof of even admitted facts	 the court could not be said to have exceeded its judicial powers. That the plaintiff herself or her legal advisers did not take the view contended for on her behalf	 is shown by the fact that a few days after the filing of the written statement of the Prince	 on April 27	 Barkat Ali	 the Mujtahid	 who is alleged to have solemnized the marriage	 was examined in court	 and he gave his statement on oath in support of the plaintiff 's claim. He also proved certain documents in corroboration of the plaintiff 's case and his own evidence. This witness was not cross examined on behalf of the defendant. It was stated before us	 on behalf of respondents 1 and 2	 that there were pieces of documentary evidence apart from certain alleged admissions made by or on behalf of the plaintiff	 which seriously militate against the plaintiff 's case and the statement of the witness referred to above. We need not go into all that con troversy	 because we are not	 at this stage	 concerned with the truth or otherwise of the plaintiffs case. At this stage we are only concerned with the question whether in adding respondents I and 2 as defendants in the action	 the courts below have exceeded their powers. It is enough to point out at this stage that the plaintiff did not invite the court to exercise its powers under r. 6 of 0. 12 of the Code of Civil Procedure	 and	 therefore	 we are not called upon to decide whether the trial court was right in not pronouncing judgment on mere admission. The court	 when it is called upon to make a solemn declaration of the plain tiff 's alleged status as the defendant 's wife	 has	 naturally	 to be vigilant and not to treat it as a matter of course	 as it would do in a mere money claim which is admitted by the defendant. The adjudication of status	 the declaration of which is claimed by the plaintiff	 is a more serious matter	 because by its intendment and in its ultimate result it affects not only the persons actually before	the court in the suit as originally framed	 but also the plaintiff 's progeny who are not parties to the action	 and the respondents 1 and 2. 1127 If the declaration of status claimed by the plaintiff is granted by the court	 naturally the three daughters by the plaintiff would get the status of legitimate children of the Prince. If the decision is the other way	 they become branded as illegitimate. The suit clearly is not only in the interest of the plaintiff herself but of her children also. It is equally clear that not only the Prince is directly affected by the declaration sought	 but his whole family	 including respondents I and 2 and their descendants	 are also affected thereby. This	 naturally leads us to a discussion of the effect of section 43 of the Specific Relief Act	 which goes with and is an integral part of the scheme of declaratory decrees which form the subject matter of Ch. VI of the Act. That section is in these terms: " 43. A declaration made under this Chapter is binding only oil the parties to the suit	 persons claiming through them respectively	 and where any of the parties are trustees	 on the persons for whom	 if in existence at the date of the declaration	 such parties would be trustees. " On behalf of the appellant it was contended by the learned Attorney General that the declaration of status sought in this suit by the plaintiff will be binding only upon her and the Prince	 and being a rule of ' res judicata will bind only the parties to the suit and their privies. It was further contended that respondents I and 2 are in no sense such privies. The argument proceeds thus: Section 43 lays down a rule of res judicata in a modified form	 and it was so framed as to make it clear beyond all doubt by the use of the word " only " that a declaration under section 42 is binding on the parties to the suit and on persons claiming through them respectively. If any question arises in the future after the inheritance to the estate of the	 Prince opens out	 it could not be said that the plaintiff and respondents 1 and 2 were claiming through different persons under a conflicting title which was the core of the rule of res judicata. In this connection	 reliance was placed upon the decision of the Judicial Committee of the Privy Council 'in the case of Syed ' Ashgar Reza Khan vs Syed Mahomed Mehdi Hossein 1128 Khan (1). That case lays down that a decision in a former suit that the common ancestor of all the parties to the subsequent suit was entitled to the whole of the profit of a market in dispute in the two litigations	 as against his co sharers in the zamindari in which the market was situate	 does not operate as res judicata in a subsequent dispute between those who claim under him. In this connection	 reliance was also placed upon a decision of the Madras High Court in the case of Vythilinga Muppanar vs Vijayathammal(2)	 to the same effect. Mr. Pathak	 appearing on behalf of the .Prince	 the third respondent	 supported the appellant by raising a further point that the words " claiming through " mean the same thing as " claiming under in section 11 of the Code of Civil Procedure	 laying down the rule of res judicata	 and that those words are not apt to refer to a declaration. of a more personal status	 and that they mean the same thing as pi ivy in estate 	is understood under the common law. He called our attention to the following passage in ' Bigelow on Estoppel '	 6th Edn.	 at pp. 158 and 159: " In the law of estoppel one person becomes privy to another (1) by succeeding to the position of that other as regards the Subject of the estoppel	 (2) by holding in subordination to that other. . . . But it should be noticed that the ground of privity is property and not personal relations To make a man a privy to an action he must have acquired an interest in the subject matter of the	 action either by inheritance	 succession	 or purchase from a party subsequently to the action	 or he must hold property sub ordinately. " He also drew our attention to similar observations in " Casperz on Estoppel". On the other hand	 Mr. Purshottam and Sir Syed Sultan Ahmed	 appearing on behalf of respondents I and 2	 respectively	 contended that " claiming through " and " claiming under " have not exactly the same significance in law	 and that the rule laid down in section 43 of the Specific Relief Act does not stand on the same footing as a rule of res judicata contained in section II of the Code of (1) (1903) L.R. 30 I.A. 71. (2) ivlad. 43. 1129 Civil Procedure	 or estoppel by judgment	 as discussed in the works of Bigelow and (Casperz	 relied upon on behalf of the other side. On behalf of respondents I and 2 it was further contended that the suit was really intended not to bind the Prince who has shown no hostility to the claim	 but to bind respondents 1 and 2. It was also contended that if the court were to grant the declaration that the plaintiff is the lawfully wedded wife of the Prince	 if a controversy arises hereafter between the plaintiff and her children on the one side and respondents I and 2 on the other	 this judgment will not only be admissible in evidence in that litigation	 but will be binding upon thereon the plaintiff '	 because she is privy to the judgment	 and oil her children	 because they will be claiming the benefit of the declaration through her	 and on respondents I and 2 because they are admittedly the wife and son of the Prince and will be manifestly claiming through him. In this connection	 it has to be remarked that the discretion vested in a court to grant a merely declaratory relief as distinguished from a judgment which is capable of being enforced by execution	 derives its utility and importance from the objects it has in view	 namely to " prevent future litigation by removing existing causes of controversy to quiet title" and "to perpetuate testimony "	 as also to avoid multiplicity of proceedings. This practice of granting declaratory reliefs	 which originated in England in the Equity courts	 has been very much extended in America by statutory provisions. In India	 the law has been codified in the Specific Relief Act	 in Ch. VI	 and has	 in a sense	 extended the scope of the rule by providing for declarations not only in respect of claims to property but also in respect of disputes as regards status. From the terms of section 42 of the Act	 it would appear that the Indian courts have not been empowered to grant every form of declaration which may be available in America. In its very entire	 a declaratory decree does not confer any new right	 but only clears Lip mists which may have gathered round the title to property or to status or a legal character. When a 1130 court makes a declaration in respect of a disputed status	 important rights flow from such a judicial declaration. Hence	 a declaration granted in respect of a legal character or status in favour of a person is meant to bind not only persons actually parties to the litigation	 but also persons claiming through them as laid down in section 43 of the Act. It is	 thus	 a rule of substantive law	 and is distinct and separate from the rule of res judicata or estoppel by judgment. The doctrine of res judicata	 as it has been enunciated in a number of rules laid down in section 11 of the Code of Civil Procedure	 covers a much wider field than the rule laid down in section 43 of the Specific Relief Act. For example	 the doctrine of res judicata lays particular stress upon the competence of the court. On the other hand	 section 43 emphasizes the legal position that it is a judgment in personam as distinguished from a judgment in rem. A judgment may be res judicata in a subsequent litigation only if the former court was competent to deal with the later controversy. No such considerations find a place in section 43 of the Specific Relief Act. Again	 a previous judgment may be res judicata in a subsequent litigation between parties even though they may not have been eo nomine parties to the previous litigation or even claiming through them. For example	 judgment in a representative suit	 or a judgment obtained by a presumptive reversioner will bind the actual reversioner even though he may not have been a party to it	 or may not have been claiming through the parties in the previous litigation. When a declaratory judgment has been given	 by virtue of section 43	 it is binding not only on the persons actually parties to the judgment but their privies also	 using the term 'privy ' not in its restricted sense of privy in estate	 but also privy in blood. Privity may arise (1) by operation of law	 for example	 privity of contract; (2) by creation of subordinate interest in property	 for example	 privity in estate as between a landlord and a tenant	 or a mortgagor and a mortgagee; and (3) by blood	 for example	 privity in blood in the case of ancestor and heir. Otherwise	 in some conceivable cases	 the provisions of section 43	 quoted 1131 above	 would become otiose. The contention raised on behalf of the appellant	 which was strongly supported by the third respondent through Mr. Pathak	 as stated above	 is that a declaratory judgment would not bind anyone other than the party to the suit unless it affects some property	 in other words	 unless the parties were privy in estate. But such a contention would render the provisions of section 43 aforesaid	 applicable only to declarations in respect of property and not declarations in respect of status. That could not have been the intendment of the statutory rule laid down in section 43. Sections 42 and 43	 as indicated above	 go together	 and are meant to be co extensive in their operation. That being so	 a declaratory judgment in respect of a disputed status	 will be binding not only upon the parties actually before the court	 but also upon persons claiming through them respectively. The use of the word only ' in section 43	 as rightly contended on behalf of the appellant	 was meant to emphasize that a declaration in Ch. VI of the Specific Relief Act	 is not a judgment in rem. But even though such a declaration operates only in personam	 the section proceeds further to provide that it binds not only the parties to the suit	 but also persons claiming through them	 respectively. The word I respectively ' has been used with a view to showing that the parties arrayed on either side	 are really claiming adversely to one another	 so far as the declaration is concerned. This is another indication of the sound rule that the court	 in a particular case where it has reasons to believe that there is no real conflict	 may	 in exercise of a judicial discretion	 refuse to grant the declaration asked for for oblique reasons. As a result of these considerations	 we have arrived at the following conclusions: (1) That the question of addition of parties under r. 10 of 0. I of the Code of Civil Procedure	 is generally not one of initial jurisdiction of the court	 but of a judicial discretion which has to be exercised in view. of all the facts and circumstances of a particular case; but in some cases	 it may raise controversies as to the power of the court	 in contra distinction to its inherent 144 1132 jurisdiction	 or	 in other words	 of jurisdiction in the limited sense in which it is used in section 115 of the Code; (2)That in a suit relating to property in order that a person may be added as a party	 he should have a direct interest as distinguished from a commercial interest in the subject matter of the litigation; (3)Where the subject matter of a litigation is a declaration as regards status or a legal character	 the rule of present or direct interest may be relaxed in a suitable case where the court is of the opinion that by adding that party it would be in a better position effectually and completely to adjudicate upon the controversy ; (4)The cases contemplated in the last proposition have to be determined in accordance with the statutory provisions of sections 42 and 43 of the Specific Relief Act ; (5)In cases covered by those statutory provisions the court is not bound to grant the declaration prayed for	 on a mere admission of the claim by the defendant	 if the court has reasons to insist upon a clear proof apart from the admission; (6)The result of a declaratory decree on the question of status such as in controversy in the instant case affects not only the parties actually before the court but generations to come	 and	 in view of that consideration	 the rule of I present interest ' as evolved by case law relating to disputes about property does not apply with full force; and (7)The rule laid down in section 43 of the Specific Relief Act is not exactly a rule of res judicata. It is narrower in one sense and wider in another. Applying the propositions enunciated above to the facts of the instant case	 we have come to the conclusion that the courts below did not exceed their power in directing the addition of respondents I and 2 as parties defendants in the action. Nor can it be said that the exercise of the discretion was not sound. Furthermore	 this case comes before us by special leave and we do not consider that it is a fit case where we should interfere with the exercise of discretion by the courts below. The appeal is	 accordingly	 1133 dismissed. As regards the question of costs	 we direct that it will abide the ultimate result of the litigation and will be disposed of by the trial court. IMAM J. I regret I cannot agree with the opinion of my learned brethren expressed in the judgment just delivered. The appellant in her plaint had asked for a declaration that she was a legally wedded wife of respondent 3 and that she was also entitled to receive from him Kharch e Pandan at the rate of Rs. 2	000 per month. This respondent filed his written statement in which he unequivocally admitted that the appellant was married to him and that she was also entitled to the Kharch e Pandan as claimed in the plaint. He further admitted that the appellant bore him three issues out of the marriage. The appellant sought no relief or any declaration against respondents 1 and 2 as	 indeed	 she could not have	 because she had no cause of action against them. There is nothing in the pleadings of the appellant and respondent 3 which discloses that respondents I and 2 have any cause of action against the appellant. Respondents 1 and 2	 however	 filed an application under 0. 1	 r. 10(2)	 of the Code of Civil Procedure before the Judge of the City Civil Court	 Hyderabad	 praying that they should be added as parties to the suit filed by the appellant. The Judge of the City Civil Court allowed the application and his decision was affirmed by the High Court. The question for decision in this appeal is whether the J@dge of the City Civil Court was justified in adding respondents I and 2 as parties to the suit and whether the decision of the High Court upholding his order should be affirmed. The provisions of 0. 1	 r. 1	 state as to who may be joined as plaintiffs in a suit and 0. 1	 r. 3	 states who may be joined as defendants. The parties who are to be joined as plaintiffs and defendants in a suit are persons in whom and against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist	 whether jointly	 severally or in the alternative	 where	 if such persons were parties in separate suits	 any 1134 common question of law or fact would arise. Independent of this	 a court has jurisdiction under 0.1	 r. 10(1)	 to substitute or add as plaintiff any person whom it considers necessary for the determination of the real matters in dispute. Under 0. 1	 r. 10(2)	 the court has the power to strike off a party who has been improperly joined	 whether as plaintiff or defendant	 and to join	 as plaintiff or defendant	 any person who ought to have been joined	 or whose presence before the court may be necessary in order to enable it effectually and completely to adjudicate upon and settle all the questions involved in the suit. It is quite obvious from the contents of the plaint and the written statement of respondent 3 that there was no occasion for the appellant to have joined respondents I and 2 as defendants in the suit. There remains	 then	 to consider whether the circumstances appearing in this case justified the Judge of the City Civil Court to add respondents 1 and 2 as defendants under the provisions of 0. 1	 r. 10(2). Respondents 1 and 2 in their application under 0. 1	 r. 10(2)	 of the Code of Civil Procedure	 in essence	 relied upon the five following grounds for their plea that they should be added as defendants in the suit: (1)That respondent I was the lawful and legally wedded wife of respondent 3	 (2) That respondent 2 was the son of respondent 3	 (3) That respondents 1 and 2 should be joined as parties to the suit because the question to be adjudicated upon would seriously affect their rights and interest in the estate of respondent 3	 (4)That by adding respondents 1 and 2 as parties neither a new cause of action would be introduced nor would the nature of the suit be altered	 (5)That the issue to be tried in the suit	 after res pondents I and 2 were added as parties	 would still be the same as the case made by the appellant was that respondent 3 was interested in denying the appellant 's marriage to respondent 3 a fact which respondents I and 2 were equally interested in denying. The first two grounds afford no justification for respon dents I and 2 being added as parties to the suit	 where 1135 the only question to be decided is whether the appellant is married to respondent 3 and whether he had contracted to pay to the appellant Rs. 2	000 a month as Kharch e pandan. Even if the appellant successfully proved that she was married to respondent 3	 who had contracted to pay her Rs. 2	000 per month as Kharch e pandan	 the status and the rights of respondents I and 2 as wife and son of respondent 3 would remain unaffected. A Mohammedan is entitled to marry more than once and have wives to the number four at one and the same time. This is his right under his personal law and no one can question the exercise of this right by him. In the suit between the appellant and respondent 3	 the question as to whether the appellant was married to respondent 3 was a matter entirely personal to the appellant and respondent 3. The appellant claimed that she was lawfully married to respondent 3. It was open to respondent 3 to either deny or admit her claim. In fact	 respondent 3 had admitted the claim of the appellant that she was married to him. It is not open to anyone else in the present litigation to say that he has falsely made such an admission. It is true that respondents 1 and 2 have alleged collusion between the appellant and respondent 3. No positive facts are asserted in support of this. The suggestion is based merely on suspicion. Unless the court is justified in adding respondents 1 and 2 as defendants in the suit the suggestion made by them that there is collusion between the appellant and respondent 3 should be ignored by the court on the simple ground that respondents 1 and 2 have no locus standi to make any such representation in the present case. The 3rd	 4th and 5th grounds may be considered together as they are inter connected. Grounds 4 and 5 suggest that there would be neither a new cause of action introduced nor would the nature of the suit be altered and the issue to be tried in the suit would still be the same even if respondents I and 2 were added as parties. The only issue in the suit filed by the appellant is whether she was married to respondent 3 and whether there was a contract by the latter to pay 1136 her Rs. 2	000 per month as Kharch e pandan. If respondents I and 2 are added as parties	 questions relating to right of inheritance in the estate of respondent 3 would arise for determination in addition to the only issue stated above in the case. The main ground	 upon which respondents 1 and 2 claim that they should be added as parties to the suit	 is to be found in the 3rd ground which	 in substance	 is that if the appellant is declared to be lawfully wedded to respondent 3	 then the rights and interests of respondents I and 2 in the estate of respondent 3 would be affected. In other words	 in the estate of respondent 3	 on his death	 in addition to respondents 1 and 2	 the appellant and her three children by him would have rights of inheritance. Consequently	 the extent of inheritance of respondents I and 2 in the estate of respondent 3 would be considerably diminished. It was urged that if the appellant is given the declaration	 which she seeks	 the judgment of the court would be in the exercise of matrimonial jurisdiction and it would be a judgment in rem as stated in section 41 of the Indian Evidence Act. Such a declaration would also be binding on respondents 1 and 2 by virtue of the provisions of section 43 of the Specific Relief Act. The appellant asked for a declaration under section 42 of the Specific Relief Act. This section permitted a person who claimed to be entitled to any legal character	 or to any right to property	 to institute a suit against any person denying	 or interested to deny	 such character or right. Respondents 1 and 2 was interested in denying the appellant 's status as a wife and the status of her three children as the legitimate children of respondent 3. A declaration in her favour would be binding on respondents I and 2 and they would never be in a position to disprove the appellant 's marriage to respondent 3. This was an impossible situation where the declaration had been obtained from a court as the result of collusion between the appellant and respondent 3. This submission presupposes that respondents I and 2 would survive respondent 3. During the lifetime of respondent 3 neither the appellant nor her children on 1137 the one hand nor respondents 1 and 2 on the other have any right	 	 whatsoever in his estate under the Mohammedan law. During the lifetime of respondent 3 respondents I and 2 would have the right to be maintained by him and	 if the appellant is also his wife	 then she and her children would also have the right to be maintained by him. The appellant and respondent 1 would also have rights arising out of a contract	 if any	 between them and respondent 3. None of these rights	 however	 are rights or interests in the estate of respondent 3. The submission also presupposes that on the death of respondent 3 he would have left behind some estate to be inherited by his heirs. These submissions are entirely speculative and afford no basis for the impleading of respondents 1 and 2 as parties to the appellant 's suit. It was said	 however	 that the right to inherit is a present right in respondents 1 and 2 and if the appellant is declared to be the wife of respondent 3	 then that right to inheritance is affected. This contention is erroneous and there is no legal basis to support it. If the appellant is declared to be the wife of respondent 3 such a declaration could not affect the right to inherit on the part of respondents I and 2 in the estate of respondent 3	 assuming that respondent 3 on his death left an estate to be inherited and that the appellant and her children and respondents I and 2 survived him. The extent of the inheritance of each one of these may thus become less but so far as that is concerned it cannot be predicated during the lifetime of respondent 3 as to what would be the extent of the inheritance of his heirs. Under the Mohammedan law	 by which the parties are governed	 respondent 3 could yet validly marry two other women and have children from them	 in which case	 the inheritance	 if any	 could not be to the same extent if respondent 3 died leaving only respondents I and 2 as his heirs. The entire question raised by res pondents I and 2 is based on the supposition that they have rights in the estate of respondent 3. Under the Mohammedan law they have no such rights. It is only in the event of their surviving respondent 3 that their rights will vest in his estate and the extent of 1138 their inheritance will be calculated on the number of persons entitled to inherit his estate at the time of his death. It was urged	 however	 that unless respondents 1 and 2 are now given an opportunity to show that there was no valid marriage between the appellant and respondent 3	 a declaration that there was a marriage between these two persons would be binding on them by virtue of the provisions of section 43 of the Specific Relief Act. If	 therefore	 on the death of respondent 3 a question arose as to who were entitled to inherit his estate	 respondents I and 2 would not be able to question the rights of the appellant and her children and they would be adversely affected by the declaration. It is somewhat doubtful	 having regard to the terms of section 43	 that such a declaration in the present suit would be binding on respondents I and 2 as they would not be claiming their right to inheritance through the appellant and respondent 3 respectively. Assuming	 however	 that such a declaration would be binding on them	 that would be no justification for their being impleaded in the present litigation where the issue is not one of inheritance but one of marriage between the appellant and respondent 3. If the submission has any substance it might as well be said by any one that he should be impleaded as a party to a suit and should be allowed to contest the suit	 although there was no cause of action against him	 because the decree in the suit would bind him on the ground of res judicata. It is true that in a suit under section 42 of the Specific Relief Act it is discretionary with the court to make or not to make the declaration asked for. The exercise of that discretion	 however	 has to be judicial. In the present case there does not appear to be any legal impediment in the way of the court refusing to make the declaration asked for since respondent 3 had acknowledged the marriage and had admitted the claim for Rs. 2	000 per month as Kharch e pandan. The appellant has not asked for any sum of money to be decreed in her favour. There is no cause of action now left to the appellant which can be the basis for the present suit. The appellant could rely upon the 1139 acknowledgement which raises a presumption under the Mohammedan law that she is married to respondent 3. There appears to be no good ground for adding respondents I and 2 as parties to the present suit. If hereafter on the happening of a certain event and the existence of certain circumstance any question arose whether the appellant was married to respondent 3	 then those who were interested in disproving the marriage would be in a position to do so and rebut the presumption arising from the acknowledgement. Under O. 1	 r. 10	 of the Code of Civil Procedure the court has the power to pass orders regarding the adding of parties or striking off the name of a party. Whether the exercise of this power is a matter of jurisdiction or of discretion appears to have been the subject of difference of opinion in the courts of law here and in England. Whichever view may be correct it is. patent that resort to the exercise of such power could only be had if the court is satisfied that it is necessary to make an order under 0. 1	 r. 10	 in order to effectually and completely adjudicate upon and settle all questions involved in the suit. The court ought not to compel a plaintiff to add a party to the suit where on the face of the plaint the plaintiff has no cause of action against him. If a party is added by the court without whose presence all questions involved in the suit could be effectually and completely adjudicated upon	 then the exercise of the power is improper and even if it be a matter of discretion such an order should not be allowed to stand when that order is questioned in a superior court. The plaintiff is entitled to choose as defendants against whom he has a cause of action and he should not be burdened with the task of meeting a party against whom he has no cause of action. It was	 however	 suggested that on the face of the plaint not only respondent 3 was interested in denying his marriage with the appellant but a legitimate inference could be drawn from the contents of the pleadings that respondents 1 and 2 were also interested in denying the marriage. No allegation made in the pleadings even remotely suggests that respondents I and 2 were interested to deny the alleged 145 1140 marriage of the appellant to respondent 3 or were denying the same. Under section 42 of the Specific Relief Act a suit may be instituted against any person denying or interested to deny the plaintiffs legal character or right to any property. The plaint does not suggest that respondents 1 and 2 were denying the appellant 's status as wife of respondent 3. Such an issue was raised by the appellant against respondent 3 only. In law	 it cannot be said that respondents 1 and 2 are interested to deny the status of the appellant as the wife of respondent 3 because the status of respondent I as wife and respondent 2 as the son of respondent 3 is not in the least affected even if the appellant is declared to be the wife of respondent 3	 as under the Mohammedan law respondent 3 is entitled to have both the appellant and respondent 1 as his wives and .children through them. The true legal position in the present suit between the appellant and respondent 3 is that respondents I and 2 have no locus standi in such a suit. There is no danger of multiplicity of suits during the lifetime of respondent 3. The suggestion that the present suit would lead to multiplicity of suits is founded on an assumption which no court of law can assume. It cannot be assumed that respondent 3 would die first. It may well be that he may survive both respondents I and 2	 in which case	 no question of any suit coming into existence at their instance would arise. If the order allowing respondents 1 and 2 to be added as parties in a suit of the present nature is allowed to stand it will open the way to a wider exercise of powers under 0. 1	 r. 10	 and in a manner which was not contemplated by the Code of Civil Procedure	 or section 42 of the Specific Relief Act or permissible under the Mohammedan law. I would	 accordingly	 allow the appeal as both the courts below were in error in supposing that this was a case in which the provisions of 0. 1	 r. 10	 applied and would set aside the orders of the courts below. The appellant is entitled to her costs throughout. BY COURT: The appeal is dismissed. Costs to abide the result of litigation in the trial court. Appeal dismissed.

Summary:
The appellant instituted a suit against the third respondent	 inter alia	 for a declaration that she was his lawfully married wife	 alleging that though the fact of her marriage was known to all who knew him	 he was trying to suppress the facts in such a way that the members of his family should conclude that she was not his Nikah wife	 that he refused to openly acknowledge her as his legally wedded wife and that this conduct on his part had cast a cloud on her status as such wife and was affecting the rights of the issue of the marriage	 her three daughters. The third respondent filed his written statement admitting the claim	 but on the same date respondents i and 2 made an application under 0. i	 r. 10(2)	 of the Code of Civil Procedure for being impleaded in the suit as defendants on the grounds that they were respectively the wife and son of the third respondent	 that they were interested in denying the appellant 's status as wife and the status of her children is the legitimate children of the third respondent	 that the suit was the result of a collusion between the appellant and the third respondent and that if the appellant was declared to be lawfully wedded to the third respondent	 the rights and interests of respondents i and 2 in the estate of the third respondent would be affected. The application was contested by both the appellant and the third respondent. The trial court allowed the application and the order was confirmed by the High Court in its revisional jurisdiction. The question was whether the lower courts did not exceed their powers in directing the addition of respondents i and 2 as parties defendants in the action : Held (per Sinha and Kapur jj. Imam J.	 disscenting)	 that in view of the averments in the plaint which showed that not only the third respondent but the other members of his family	 including respondents i and 2	 were interested in denying the appellant 's status as a legally wedded wife	 respondents i and 2 were proper parties to the suit. The question of addition of parties under O. I	 r. 10	 of the Code of Civil Procedure is generally not one of initial Jurisdiction of the court	 but of a judicial discretion ; in a suit for a declaration as regards status or a legal character under section 42 Of 1112 the Specific Relief Act	 the rule that in order that a person may be added as a party he must have a present or direct interest in the subject matter of the suit	 is not wholly applicable	 and the rule may be relaxed in a suitable case where the court is of the opinion that by adding that party it would be in a better position effectually and completely to adjudicate upon the controversy. In such suits the court is not bound to grant the declaration prayed for	 on a mere admission of the claim by the defendant	 if the court has reasons to insist upon clear proof	 apart from the admission. A declaratory judgment in respect of a disputed status will be binding not only upon the parties actually before the court but also upon persons claiming through them respectively	 within the meaning of section 43 Of the Specific Relief Act. The word " respectively " in the section has been used with a view to showing that the parties arrayed on either side	 are really claiming adversely to one another	 so far as the declaration is concerned. Per Imam J. The facts of the present case do not justify the addition of respondents i and 2 as defendants under the provisions of 0. i	 r. 1O(2)	 of the Code of Civil Procedure	 because. : (1)There is nothing in the pleadings to suggest that respondents 1and 2 were denying the appellant 's status as wife of the third respondent	 and the court ought not to compel the plaintiff to add parties to the suit where on the face of the pleadings plaintiff has no cause of action against them. (2)Under the Mohammedan law a man is entitled to have four wives at one and the same time and	 consequently	 as the third respondent has admitted that the appellant was married to him	 respondents i and 2 have no locus standi to make any representation in the suit that there was collusion between the appellant and the third respondent. (3)During the lifetime of the third respondent neither the appellant nor her children on the one hand nor respondents i and 2 on the other have any rights in his estate	 under the Mohammedan law. (4)Assuming that a declaration in the suit would be binding upon respondents i and 2	 which is doubtful having regard to the terms of section 43 of the Specific Relief Act	 that would be no justification for their being impleaded in the suit where the issue is not one of inheritance but one of marriage between the appellant and the third respondent.