Friday, April 21, 2023

Dominus Litis

         

            Dominus Litis

            2013 SCMR 602

Case of impleadment of parties to a suit is dependant upon the plaintiff, as a general rule of "dominu s Litis", the plaintiff is the controller of the suit or litigation---Plaintiff could not be compelled to initiate litigation against a specific person, or drop the same, as the case may be---Impleadment of parties to a suit is entirely dependant on the case set up by the plaintiff in plaint, as to who should be sued and arrayed as defendant, as it is for the plaintiff to first determine the cause of action against a specific defendant and then prove same in evidence.

* Expression "dominus litis' means the controller of the suit or litigation.

 1992 CLC 700 ALTAF PAREKH Versus DELMENTS CONSTRUCTION COMPANY

Case of impleadment of parties to a suit is dependant upon the plaintiff, as a general rule of "dominu s Litis", the plaintiff is the controller of the suit or litigation---Plaintiff could not be compelled to initiate litigation against a specific person, or drop the same, as the case may be---Impleadment of parties to a suit is entirely dependant on the case set up by the plaintiff in plaint, as to who should be sued and arrayed as defendant, as it is for the plaintiff to first determine the cause of action against a specific defendant and then prove same in evidence---Mere fact that at the pre-trial stage, one feels that no case would be proved or could not be proved, the name of defendant could not be struck out or deleted, except in very remote cases. 2014 CLC 561 MUHAMMAD IMRAN Versus PRESIDENT KASB BANK LTD.

* Person can not be made party without consent of the plaintiff. 2013 SCMR 602

  "dominu s litis" principle of---Applicability---Scope. PLD 2009 Kar. 227 AL-HOQANI SECURITIES AND INVESTMENT CORPORATION (PVT.) LTD. Versus NATIONAL CLEARING COMPANY OF PAKISTAN LTD



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