Introduction

• The Doctrine of Dominus Litus, a Latin term, translates to “Master of the Lawsuit”.
• Originating from the principles of civil procedure, it establishes the party who has control over the litigation process.
• The Doctrine of Dominus Litus grants the plaintiff the right to choose suit parties, yet this right is not absolute, subject to the Code of Civil Procedure, 1908 (CPC)'s Order 1, Rule 10.
• The court may add/remove parties at its discretion, ensuring all necessary parties are present for a comprehensive resolution.
• The court assesses impleaded parties' direct interest and their contribution to resolving the dispute, retaining discretion to accept or reject claims based on circumstances; no one has an automatic right to be impleaded.

What is the Purpose of Doctrine of Dominus Litus?

• "Dominus Litus" refers to the person who owns or controls a legal suit and holds a genuine interest in its outcome.
  • This individual stands to gain from a favourable judgment or bear the consequences of an unfavorable one.
• The doctrine is applied to someone who, though not an original party, intervenes and assumes control over one side of the case, being treated as a liable party by the court.
• The court's power under Order 1, Rule 10 of CPC governs the addition of parties, emphasizing that the plaintiff, as the "dominus litus," cannot be compelled to litigate against an undesired party.
• However, the court, in ensuring a comprehensive resolution, may order the inclusion of necessary parties even without a formal application.
• The application of the theory of Dominus Litus should be cautious, and the court's authority to add parties is extensive under Order 1, Rule 10(2) CPC.

What is Applicability and Non- Applicability of Doctrine of Dominus Litus?

• Applicability
  • Section 92 CPC, Proceedings:
    • The court has the authority to include a party as a defendant in a suit under Section 92 of CPC, similar to any other lawsuit.
    • The right to sue is governed by Order 1, Rule 10 CPC.
  • Specific Performance Suit:
    • The plaintiff initiating a specific performance suit for a sale contract is considered Dominus Litus and cannot be compelled to involve parties against whom they do not wish to litigate, unless compelled by legal requirements.
• Non-Applicability
  • Partition Suit:
    • In a partition suit, the strict application of the principle of Dominus Litus is not applicable because both the plaintiff and defendants are sharers.
  • Execution Petition:
    • In the case of Changanti Lakhmi Rajyam and others v. Kolla Rama Rao (1998) it was held that Order 1 Rule 10 C.P.C. is relevant to suits and appeals but does not apply to execution proceedings.
• Limited Applicability
  • Cause of Action:
    • In Mohannakumaran Nair v. Vijayakumaran Nair (2008), Supreme Court clarified that the application of the doctrine of Dominus Litus is limited to causes of action falling within Sections 15 to 18 of the CPC.

Conclusion

• In civil cases, the plaintiff is often considered the Dominus Litus because they are the party seeking redress or compensation for a perceived harm or injury.
• According to Order 1 Rule 10(2) of CPC, granting relief is discretionary, and the court considers the plaintiff's preferences before adding a third party as a defendant.
  • However, if the court deems it essential for a thorough resolution of the dispute, it may add a defendant even without the plaintiff's consent.
• It reinforces the principle that the party initiating legal action should have a significant role in shaping the course of the litigation, promoting a fair and efficient resolution of disputes within the legal system.