gst 1 wp4108.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 4108 OF 2010 M/s.Ushodaya Enterprises & Anr. ... .... .... Petitioner. V/s State of Maharashtra & Ors. ... ... ... Respondents. Mr.Subhash Jha i/by M/s.Law Global, Adv. For the petitioner. Mr.V.S.Kotwal, Adv. For the respondent No.2. CORAM: B.R.GAVAI, J. 6th Jan., 2011. PC: By way of present petition the petitioner challenges the order dated 1.4.2010 passed by the learned Civil Judge, S.D., Karad thereby rejecting the application filed by the present petitioner for adding Anti Corruption Bureau as party-defendant. 2. The respondent No.2 has filed a suit for damages against various persons including the present petitioner alleging therein that they had published a false news item that the plaintiff was arrested in connection with anti corruption matter. An application came to be filed by the present petitioner submitting therein that the ACB, Pune is having main role and as such they should be directed to be impleded as party-defendant. Same was rejected. 3. Mr.Jha, learned advocate appearing on behalf of the petitioner submits that in view of the Order 1 Rule 10 of Code of Civil Procedure and in order to gst 2 wp4108.10.sxw effectively decide the entire dispute ACB, Pune was necessary party and as such learned trial court ought to have allowed the application. 4. The powers under Order 1 Rule 10 of CPC are discretionary. Apart from that it is well settled law that the plaintiff has the right to choose as to who shall be defendants in the suit. If the plaintiff chooses not to join the necessary party he runs the risk of dismissal of suit on the ground of non-joinder of necessary parties. 5. The scope of interference under article 227 of the Constitution is also limited. Unless it is found that discretionary power exercised by the trial Court has been exercised in perverse manner, it will not be possible for this Court to interefere with the same. Learned trial Court has given cogent reasons for not exercising the jurisdiction under Order 1 Rule 10 of CPC. 6. In that view of the matter no case is made out for interference. Hence writ petition is dismissed.