1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.1840/2011 IN FIRST APPEAL NO.1208/2009 Bharat Sanchar Nigam Ltd. through General Manager ...Versus... Madhavrao Bapurao Patil and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri S.C. Bhalerao, Adv. for appellant] [Shri S.U. Nemade, Adv. for respdt. No.2-A to 4] [Shri S.S. Bangde, Adv. for applicants/interveners] CORAM : A.B. CHAUDHARI, J. DATED : 01.12.2011. This civil application has been opposed by Advocate Shri Nemade on the ground that it is for intervention and not of joining of the parties as contemplated by Order I Rule 10 of the Code of Civil Procedure and therefore, it is not maintainable. I find that the title of the application is for invervention/joining necessary party, but the prayer, however, is for grant of permission to intervene the proceedings of first appeal. It is not in dispute that the applicants to this application are the legal representatives of the deceased Madhavrao Patil. That being so, they have right in the suit properties being legal representatives. In that view of the matter, they 2 are proper parties being legal representatives of the deceased. The defect in the prayer can be rectified by allowing to insert 'add parties to the appeal as respondents'. Leave to amend. Advocate Shri Nemade opposed this application on the ground that there is a Will, which excludes these applicants sought to be joined as party to the proceeding and that being so, to the full knowledge of these applicants, they do not have any locus standi to get themselves joined as party to the present proceeding of the first appeal. It is not in dispute that the Will spoken up by Advocate Shri Nemade is under challenge in the civil suit at the instance of these applicants and one does not know what would be the result of that litigation. The fact, however, remains that the Will being in dispute and the present applicants being the legal representatives of deceased Madhavrao, they have right to represent themselves in this proceeding of first appeal. That being so, I am not inclined to agree with Advocate Shri Nemade that they should not be allowed to join as party respondents. Hence, civil application is allowed in terms of its prayer. Necessary amendment be carried out within a period of two weeks from today. 3 Learned Counsel for the applicants waives service for the newly added respondents. This order shall not influence the civil Court, where the suit is pending in respect of Will. Civil Application stands disposed of. JUDGE ssw