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SPICEJET LTD filed a consumer case on 25 May 2019 against S.K. CHOUDHARY in the StateCommission Consumer Court. The case no is RP/19/57 and the judgment uploaded on 28 May 2019.
REVISION PETITION NO. 57 OF 2019
SPICEJET LIMITED
VS
S. K. CHOUDHARY
DATE OF ORDER | ORDER WITH SIGNATURE | ORDER OF THE REGISTRAR ON OFFICE NOTING |
25.05.2019 | Shri Ajay Dubey, learned counsel for the petitioner. Learned counsel for petitioner submits that due to inadvertence, in the revision memo, the name of respondent has wrongly been mentioned as Durga Lal Meena in place of S. K. Choudhary. He seeks permission to correct the same. On due consideration, prayer is allowed. Amendment be carried out fortwith. 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.41/2016 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 -2- 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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