Much water has been flown under the bridge after the decision is rendered. After this judgment, in 1977, amendment was brought to the Code of Civil Procedure and added a provision Order 1, Rule 8-A which reads as under :
"8-A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.---While trying a suit, the Court may, if satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest to allow that person or body of persons to present his or its opinion on that question of law, permit that person or body of persons to present such opinion and to take such part in the proceedings of the suit as the Court may specify."
5. By the above amendment, the Parliament has widened the scope of locus in tune with changing times. Courts were also relaxing the rigid rule of locus in the interest of justice.
6. Impleadment of a third party in a suit is an attribute of principle of natural justice.
Without much difficulty one can see that concept of locus standi and principle of natural justice are closely intertwined that one cannot be separated from another as the opportunity of being heard is the main attribute of locus standi. When a third party approaches Court with contention that he is interested in the subject matter of the suit or in the dispute between the plaintiff and defendant, the Court shall ordinarily give an opportunity to such a party to put his case. It may be remembered that a third party is coming to the Court on his own risk, whereas a party sought to be impleaded at the instance of the defendant is dragged on to the litigation without his will. These two incidents are therefore entirely different and require different treatment at the hands of the Court. Therefore, observation made by the Single Judge that for all impleadment the plaintiff is dominus litus cannot be applied in all cases. Of course, it can be applied where the defendant insisted in the written statement or in his reply that the particular person is necessary party and the plaintiff can resist the impleadment because he is dominus litus and he can decide who is to be the necessary party. In such an event, he is taking the risk of suit being thrown out in the absence of the necessary party. But in the case of impleadment of third party who approaches the Court and says that he is vitally interested in the dispute that is going on between the plaintiff and defendant, and therefore, he may be given an opportunity of being heard, naturally consistent with the principle of natural justice and fair play, the Court will not refuse his impleadment, unless the Court feels that he is totally a stranger and unless the Court feels that it is employing a delaying tactics.
IN THE HIGH COURT OF BOMBAY
Civil Revision Application No. 1306 of 1999
Decided On: 09.08.2000
Gulab Babusaheb Bargiri Vs. Executive Engineer, Maharashtra State Electricity Board and Ors.
Hon'ble Judges/Coram:
T.K. Chandra Shekhara Das, J.
Citation: 2001(1) MHLJ 63
