ISSUE:
Whether the second respondent, Hindustan Petroleum Corporation Limited (HPCL), is a necessary or proper party to be impleaded as a defendant in the suit?
Whether the plaintiff, as dominus litis, can be compelled to implead a party against whom he does not claim relief?
RULE:
A necessary party is one without whom no effective order can be passed, while a proper party is one whose presence is required for a complete and final decision on the issues involved. The test for impleadment is whether the party’s presence is essential for adjudication or whether the absence of the party would lead to an incomplete or ineffective decision.
The plaintiff, as dominus litis, has the discretion to choose whom to sue. While courts have the power to add a party, this discretion must be exercised only when the party’s presence is essential for the suit’s determination. A plaintiff cannot be compelled to sue someone against whom no relief is claimed, and the addition of a party should not lead to the introduction of issues beyond the original scope of the suit.