dominus litis

In a civil suit the plaintiff is dominus litis: he chooses whom to sue, what relief to claim and in which competent court. Ordinarily he cannot be compelled to sue a person he does not wish to, but the court may add or strike out parties under Order I Rule 10(2) of the Code of Civil Procedure, 1908 where that is necessary for complete adjudication.

In criminal cases, the State (through the prosecution) is dominus litis; the victim's role is limited, though recent law gives victims rights of hearing and appeal. The phrase is used to explain why a plaintiff cannot ordinarily be forced to add a defendant, and why the prosecution decides whom to charge.

Example

As dominus litis, the plaintiff may choose to sue only the tenant, but the court can still add the landlord under Order I Rule 10(2).

In Indian law

• Order I Rule 10(2), Code of Civil Procedure, 1908

See also

defendant

Read more in the study notes

• Transfer of suits and other proceedings (sections 22 to 25) (Civil Procedure Code and Limitation Act)
• Parties to suits, joinder of causes of action and multifariousness (Orders I and II) (Civil Procedure Code and Limitation Act)