Doctrine of Dominus Litus
Doctrine of Dominus Litis
1. Meaning of Dominus Litis
The term “Dominus Litis” is a Latin phrase meaning “master of the litigation” or “owner of the lawsuit.”
It signifies the principle that the party who institutes a suit has the right to control and manage the litigation.
The plaintiff, being the dominus litis, has the right to initiate, continue, or discontinue the suit at their discretion, subject to the rules of procedure and law.
2. Legal Significance
The doctrine embodies the concept that the party who causes the litigation to arise has the control over it.
It recognizes the autonomy of the plaintiff in prosecuting or withdrawing the suit.
It also means that the plaintiff can settle, compromise, or abandon the suit if he so desires.
However, the right is not absolute; it is subject to:
Court’s discretion (especially if the defendant has appeared),
Public policy and
Legal provisions.
3. Application of the Doctrine
The doctrine is often invoked in relation to:
Withdrawal or discontinuance of suit (Order 23 CPC),
Settlement of disputes,
Abandonment of suit,
Appeal or review decisions.
The plaintiff, as dominus litis, can decide on the course and continuation of proceedings.
4. Limitations on Dominus Litis
Once the defendant has entered appearance and contested the suit, the plaintiff’s right to withdraw or discontinue is subject to the court’s permission.
Courts exercise discretion to ensure that the defendant is not unfairly prejudiced.
The right does not extend to allow frivolous or vexatious litigation.
The doctrine does not permit the plaintiff to misuse litigation to harass the other party.
5. Leading Case Law
a) Smt. Sarla Verma & Ors. v. Delhi Transport Corporation (2009) 6 SCC 121
The Supreme Court recognized the right of the plaintiff as dominus litis to withdraw a suit.
However, this right is subject to the court’s discretion to impose costs or conditions to prevent abuse.
The court emphasized balancing interests of both parties.
b) K.K. Verma v. Union of India, AIR 1967 SC 1199
Affirmed that the plaintiff is the master of the suit and can decide the litigation’s course.
The right is not absolute but controlled by principles of fair play and justice.
c) Ram Lal v. Union of India (AIR 1952 SC 241)
The court held that the party who initiates litigation has the dominant right to pursue or discontinue it.
But the court’s intervention may be required to prevent misuse.
6. Importance of Doctrine
Ensures the plaintiff’s control over litigation strategy.
Protects the right of parties to settle or abandon disputes amicably.
Helps in reducing unnecessary litigation.
Balances the rights of plaintiff and defendant through judicial oversight.
7. Summary
| Aspect | Explanation |
|---|---|
| Meaning | Plaintiff is master/owner of litigation |
| Rights of Dominus Litis | Initiate, continue, withdraw or discontinue suit |
| Limitations | Subject to court’s discretion and law |
| Purpose | Protects plaintiff’s autonomy, prevents misuse of litigation |
| Leading Cases | Sarla Verma v. DTC, K.K. Verma, Ram Lal |
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