1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2970 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.G.Deshmukh i/by Shri Abhijeet Kandarkar for the Petitioner. ­­ CORAM : A.S.OKA, J. DATE : 16TH APRIL, 2010 P.C.: . By this Writ Petition under Article 227 of the Constitution of India, the Petitioner­Defendant has challenged the order dated 16th January, 2010. The Respondent­Plaintiff made an application under Rule 10(2) of the Order I of the Code of Civil Procedure, 1908 for impleading 35 persons as party Defendants. By the impugned order, a notice of the said application has been ordered to be issued to the proposed defendants. The grievance of the learned counsel appearing for the Petitioner is that before issuing the notice, the Petitioner ought to have been heard so that he could have pointed out that there is no merit in the application. 2 2. The effect of the impugned order is that before the application is heard, the proposed Defendants will get an opportunity to contest the said application. Nothing is decided on the merits of this Application. Hence, this is not a case where interference can be made in writ jurisdiction under Article 227 of the Constitution of India. The Writ Petition is rejected. All contentions of the parties on merits of pending application are kept open. (A.S.OKA, J)