1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7127 IOF 2008 Krishidhan Seeds Company .. PETITIONER VERSUS Indian Seeds Company & another .. RESPONDENTS Mr. Rajendra Deshmukh, advocate for the petitioner. Mr. S.P. Shah, advocate for respondent no. 1. Mr. A.S. Bajaj, advocate for respondent no. 2. CORAM : R.M. BORDE, J. DATE : 23 rd AUGUST, 2010. PER COURT : 1 An interlocutory order passed by the Jt. Civil Judge, Sr.Dn., Jalna dt. 11-8-2008 below exh. 64 in Special Civil Suit no. 33/2001 is subjected to challenge at the instance of original plaintiff / petitioner herein. 2 Plaintiff presented suit claiming damages against the defendants in the year 2001. It appears that during the continuance of the suit, original 2 defendant no. 3 was appointed as director of the company. Later no he died during pendency of proceedings of suit. On account of this development, plaintiff presented application at exh. 64, for impleadment of the State of Gujrat as party defendant. It is stated in the application that in view of the provisions of Order 27 Rule 5(a) of the Code of Civil Procedure, it is necessary for the plaintiff to join the State of Gujrat as party defendant to the suit. 3 Application tendered by the petitioner was opposed by the contesting defendants on the ground that in the absence of notice as required under section 80 of the Code of Civil Procedure, it would not be permissible to implead the State of Gujrat as party to the suit. Trial court accepted the objections raised by the defendants and proceeded to reject the application tendered by the petitioner. 4 I have perused the application as well as the impugned order. I am of the opinion that the view adopted by the trial court is reasonable and proper and no interference is called for at this interlocutory stage of the proceeding, in exercise of powers under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 3 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb/wp7127.08.odt