1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 6966 OF 2011 Smt. Hajuma Mahammadsaheb Bagsiraj & Others ...Petitioners Versus Shri Kutubuddin Khonmirsaheb Pirjade & Others ...Respondents Mr. Umesh Mankapure for the Petitioners CORAM:- R.Y.GANOO, J. DATED:- 26th SEPTEMBER, 2011. P.C. 1. The petitioners herein filed Regular Civil Suit No.140 of 2002 in the Court of Civil Judge, Junior Division at Miraj, District Sangli. The petitioners filed application below Exhibit 106 for adding as many as 10 persons as party defendants, as heirs of Chand Saheb Pirjade, by showing them as defendant nos.17 to 26. That application was rejected by the learned Civil Judge, Junior Division, Miraj by passing an order on 5th July, 2011. 2 2. In the course of hearing of this petition, I inquired with learned Advocate for the petitioner whether these persons who are being shown as heirs of Chand Saheb Pirjade and who are proposed to be joined as defendants were served with the application for joining them as party defendants. Learned Advocate for the petitioners stated upon instructions, that the copy of the application at Exhibit 106 was not served upon those persons. Since the statement is made across the bar, the same is accepted. 3. If the persons who are to be joined as party defendants are not served with the application at Exhibit 106 and without notice to them if the impugned order is passed on 5th July, 2011, there is patent defect in the procedure followed by the learned Civil Judge, Junior Division, Miraj. In my view, it is necessary to serve copy of the said application at Exhibit 106 on the persons who were to be joined as party defendants, as heirs of Chand Saheb Pirjade and after hearing their say, the application should have been decided on merits. It is in these circumstances, I am inclined to observe that the presence of the defendants is not necessary to decide the order dated 5th July, 2011, 3 as I propose to direct the petitioners to see that the copy of the application at Exhibit 106 is served upon the persons who are to be joined as the heirs of Chand Saheb Pirjade and after hearing them the application can be decided on merits afresh. Hence the following order: ORDER i) The order dated 5th July, 2011 passed by the learned Civil Judge, Junior Division, Miraj, below application at Exhibit 106 is set aside. The petitioners shall make available to the court copies to be served upon the persons who are to be joined as defendants in their capacity as heirs of Chand Saheb Pirjade. The said copy shall be served upon all those persons through the court. After the said copies are serve, the learned Civil Judge, Junior Division shall hear the present petitioner, existing defendant nos.1 to 16 and persons to be joined as party defendants namely Sahjadbi Sahebjade Pirjade and others, i.e. nos.17 to 26, whose names are mentioned in application at Exhibit 106 and thereafter the learned Civil Judge, Junior Division shall pass an order afresh. ii) The petitioner shall present the copy of this order to the 4 learned Civil Judge, Junior Division, so that he shall fix the date for implementing this order. Iii) Petition stands disposed of in above terms with not order as to costs. (R.Y.GANOO, J.)