Madhya Pradesh

StateCommission

RP/19/58

SPICEJET LTD - Complainant(s)

Versus

DURGA LAL MEENA - Opp.Party(s)

SH. AJAY DUBEY

25 May 2019

ORDER

O R D E R    S H E E T

                                    

O R D E R    S H E E T

                                     REVISION PETITION NO. 58 OF 2019

SPICEJET LIMITED

   VS

 DURGALAL MEENA

DATE OF ORDER

 ORDER WITH SIGNATURE

ORDER OF THE REGISTRAR ON OFFICE NOTING

25.05.2019

              Shri Ajay Dubey, learned counsel for the petitioner.

                  Heard learned counsel for petitioner on the question of admission.

                  This revision petition is filed against the order dated 26.03.2019 passed by the District Consumer Disputes Redressal Forum, Jabalpur (for short the ‘Forum’) in C.C.No.42/2016 whereby the Forum has dismissed the application filed by the petitioner/opposite party to implead ‘Controler of Defence Account’ Jabalpur as opposite party no.2. The Forum after considering the pleadings raised by the parties found that for adjudication of the complaint, Controler of Defence Account, Jabalpur cannot be said to be a necessary party.

                  Even otherwise, it is settled law that plaintiff is dominus litus.  In the circumstances, if the complainant has not chosen to implead Controler of Defence Account, Jabalpur as opposite party no.2, the opposite party cannot compel the complainant to implead him as opposite party no.2 in the complaint.

                  In the circumstances, no case for interference in the impugned order is made out. The Revision Petition is dismissed.

                                   

(Justice Shantanu S. Kemkar)   (Dr.Monika Malik)

              President                             Member                      

 

 

 

 

 

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