1 wp 448-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 448 OF 2011 Shri Pandurang Namdeorao Balkawade & Anr. ..Petitioners vs. Pune Municipal Corporation & Ors. ..Respondents Mr.S.M. Gorwadkar i/b. Mr.Aniruddha S. Pratinidhi for the Petitioners. Mr.A.P. Kulkarni for Respondent No.1. Mr.N.D. Deshpande, AGP for Respondent No.2-State. Mr.V.P. Sawant for Respondent No.3. CORAM:- B.R. GAVAI, J DATED :- MARCH 23, 2011. P.C. 1 The present petition challenges the order dated 1st January, 2011 passed by the learned 2nd Joint, Civil Judge, Senior Division, Pune, thereby allowing the application filed by various persons i.e. respondent nos.3 to 30 for joining them either as plaintiff/defendant to the suit filed by the present petitioners. 2 Shri Gorwadkar, learned Counsel for the petitioners submits 2 wp 448-2011.sxw that the application at the behest of the said respondents was not tenable, inasmuch as, it is not the case of the said parties that the case is not properly defended either by the State Government or the Municipal Corporation. It is further submitted that at the most, the learned trial court ought to have allowed one person to be joined as party in the representative capacity.. 3 Sub-clause 3 of Order 1 Rule 8 reads thus :- (3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the Court to be made a party to such suit. 4 It can, thus, clearly be seen that any person on whose behalf or for whose benefit a suit is instituted or defended is entitled to make an application for making him as party to such a suit. In that view of the matter, no error could be noticed with the order impugned. 5 Insofar as the apprehension of the petitioners relating to delay 3 wp 448-2011.sxw in trial is concerned, the learned trial court has taken ample care to see to it that the trial is not protracted in view of the directions issued in paragraph 2 of the operative order. No case is made out for interference. 6 Writ Petition is rejected. (B.R. GAVAI, J)