Code of Civil Procedure, 1908–Order 1, Rule 10–Subsequent purchasers were impleaded as the party by allowing the application of defendants–Suit for declaration, permanent injunction and possession–Plaintiffs are the domius litis–Nobody can be impleaded against their wish–However, the defendants have also filed the counter-claim for declaration of their rights, title and interest over the suit property, and if the counter-claim is allowed, it will not be open for the the plaintiffs to contend that no decree in the counterclaim can be passed in absence of the subsequent purchasers–Therefore, non-impleading the subsequent purchasers as defendants on the objection raised by the plaintiffs shall be at their risk–Order of allowing the application deserves to be quashed and set aside.
