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Code Of Civil Procedure

NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah and Ors 2026 INSC 8 - CPC - Dominus Litis - Necessary & Proper Party

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Code of Civil Procedure 1908 - Plaintiffs who have instituted the suit are dominus litis and it is for them to choose their adversaries. If they do not array the proper and necessary parties to the suit, they do it at their own risk. However, they cannot be compelled to add a party to defend a suit against their wishes. The decree, if any, passed in the suit would be binding only between the parties to the suit and would not infringe upon any right of a third party - A necessary party is one without whom, no order can be made effectively, a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. (Para 39-40)

Case Info


Case Details

  • Case name: NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah and Ors.
  • Neutral citation: 2026 INSC 8
  • Coram: Pankaj Mithal, J.; Prasanna B. Varale, J.
  • Judgment date: January 5, 2026

Caselaws and citations

  • Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay, (1992) 2 SCC 524.
  • Kasturi v. Iyyamperumal, (2005) 6 SCC 733.
  • Mumbai International Airport (P) Ltd. v. Regency Convention Centre & Hotels (P) Ltd., (2010) 7 SCC 417.
  • Vidur Impex & Traders (P) Ltd. v. Tosh Apartments (P) Ltd., (2012) 8 SCC 384.
  • Kanaklata Das v. Naba Kumar Das, (2018) 2 SCC 352.

Statutes/laws referred

  • Constitution of India, Article 227.
  • Code of Civil Procedure, 1908, Order I Rule 10 (impleadment; necessary and proper parties).
  • Companies Act, 1956, Part IX (conversion/succession of firms to companies).
NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah and Ors 2026 INSC 8 - CPC - Dominus Litis - Necessary & Proper Party
NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah and Ors 2026 INSC 8 - CPC - Dominus Litis - Necessary & Proper Party.pdf
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