MP 1 WP3230_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3230 OF 2011 Smt. Draupadi Maruti Patil ... Petitioner Versus Shri Pradip Dalichand Shah and another ... Respondents Mr. N. V. Walawalkar, Senior Advocate for Petitioner. Mr. Shivaji Lanke for Responents. CORAM : B.R. GAVAI, J. TUESDAY, MAY 03, 2011 P. C. : The petitioner challenges the order dated 14th February 2011 below exhibit-76 in Special Civil Suit No. 154 of 2007 thereby rejecting the application filed by the present petitioner for impleading her as a party defendant in the suit filed by the respondent No. 1. 2. Mr. Walawalkar, the learned Senior Counsel for the petitioner, submits that from the averments in the plaint itself, it can be seen that the plaintiff has admitted that the defendant is not the sole owner of the property and there are various co-owners. He further submits that from the order passed by the competent authority under the Urban Land Ceiling Act, it can be seen that the petitioner also has a share in the suit property. 3. The learned Trial Court has rejected the application basically on the ground that the plaintiff is is a dominus litis. MP 2 WP3230_11 4. The jurisdiction under Order 1, Rule 10 is a discretionary jurisdiction. If the plaintiff elects not to join necessary parties, and if ultimately, court finds that the suit was bad for non-joinder of necessary parties, the plaintiff runs the risk of the suit being dismissed on the ground of non-joinder of necessary parties. 5. In that view of the matter, I find that no case is made out for interference. Rejected. 6. Leave to amend. Amendment to be carried out forthwith. (B.R. GAVAI, J)