: 1 : 925-10-cra=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 925 OF 2010 M/s. Sarvoday Enterprise .. Petitioner v/s. Shri Ramesh Waman Joshi & Ors. .. Respondents ......... Mr. S.R. Nargolkar for the petitioner ......... CORAM : R.Y.GANOO, J DATE : 20th SEPTEMBER,2011. P.C. : 1. The petitioner is the one of the defendant in the Special Civil Suit No.1 of 2007 in the Court of learned Civil Judge, Senior Division, Kalyan, Dist. Thane. In the course of recording of evidence, certain information came to be elicited and that is how the petitioner came to a conclusion that certain parties which are required to be joined as defendants as they have not been joined accordingly. Therefore, the petitioner filed an application before the learned Senior Judge, Senior Division, Kalyan below Exh.73 praying that the suit should be dismissed on account of non-joinder of the necessary parties. That application has been rejected. : 2 : 925-10-cra=.sxw 2. In order to challenge the impugned order dated 21st September, 2010, learned advocate Mr. Nargolkar submitted that as the necessary information was received in the course of recording of evidence, the application was filed. After having heard learned advocate Mr. Nargolkar, I am inclined to observe that the course adopted by the petitioner to file an application, straight a way praying that the suit is bad for non-joinder of necessary, is not correct. Such a stand can be taken in the written statement and an issue in that behalf can be framed and then it will be open for the trial Court to decide the said issue on merits. 3. In view of this, petition is required to be dismissed. After the aforesaid order is passed learned advocate for the petitioner states that he does not wish to invite an order of the dismissal of the petition. He would like to withdraw the application. Hence, Civil Revision Application is allowed to be withdrawn with no order as to costs. Learned advocate for the applicant wants to apply and seek amendment of the written statement to incorporate the point that the suit is bad for non-joinder of necessary parties. The applicant is free to make such application. Said application be heard and disposed of on merits. (R.Y.GANOO, J.)