1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1397 OF 2008 (Dr. Ashok Vishnuprasad Mishra .v. Suresh Purushottamdas Katta and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.B. CHAUDHARI, J. 30TH JULY, 2008. Heard Shri Deepak Gupta, the learned Counsel appearing on behalf of the petitioner. An order rejecting an application for joining original owner Vimlabai in the application made by the petitioner/defendant No.1 is under challenge in the present writ petition. The petitioner entered into an agreement with Vimlabai for purchase of the house property owned by her. Without getting the sale deed executed from Vimlabal, the petitioner entered into an agreement with the respondent No.1. The respondent No.1 brought a suit for specific performance of contract against the petitioner in respect of the same house property which was actually owned by Vimalabai and the petitioner had no title. Thereafter, from the submission of Shri Deepak Gupta, the learned Counsel for the petitioner, it 2 appears that Vimalabai had sold the house property to the respondent No.2, who is already defendant in the suit. By the application that was made by the petitioner, prayer was made for adding Vimlabai as a party to the suit. Having heard the learned Counsel for the petitioner and referring to the citation submitted before me in the case of Kasturi .v. Iyyamperumal and others (reported in 2005(6) SCC, 733), I find that no fault can be found out with the impugned order. Admittedly, Vimlabai disposed of the property to respondent No.2 and the respondent No.2 is a party to the suit. That apart, it is the choice of the plaintiff as to who should be made the party to the suit and the defendant No.1/ petitioner cannot force the plaintiff to add Vimlabai as a party. The petitioner need not bother about Vimlabai being not added as a party. The impugned order is, therefore, confirmed. The decision cited supra is not applicable to the facts of the present case. Writ Petition is dismissed accordingly. JUDGE *rrg.