-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 131/2009. ( Anna Shriram Fate -versus- The Joint Charity Commissioner and others.) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- Shri A.M. Gordey, Advocate for Petitioner. Shri Dhote, A.G.P. for Respondent no.1. Shri A.A. Naik, Advocate for Respondent nos. 2 to 5. CORAM : C.L. PANGARKAR, J. DATED : JULY 09, 2009. Heard learned Counsel for the parties. This Writ Petition is directed against the order passed by the Joint Charity Commissioner, whereby he directed that the preliminary objection can be decided along with the merits of the appeal itself. The petitioner has filed an application for dismissal of the appeal on the ground that, all the Trustees of the Trust have not been joined as parties to the appeal. The petitioner wanted this question to be decided as preliminary issue and upon that application the Charity Commissioner ordered that the said issue can be decided while deciding the appeal on merits. The petitioner is aggrieved by this order. Shri Gordey, the learned Counsel for the petitioner submits that such an issue has to be decided -2- as preliminary issue and the appeal itself is not maintainable. He has relied on the decision reported at (2003) 1 SCC 488 (Abdul Rahman .vrs. Prasony Bai and another). After having gone through the said decision, I find that the facts of the said decision have no bearing on the case in hand. In the reported case, the question was whether, the second suit was barred by res-judicata or not, and the Court held that such a question should be decided as preliminary issue, because it also relates to maintainability of the suit. In the instant case, the question is whether the appeal is bad because of non joinder of necessary parties ? Such a question can certainly be decided along with the merits of the matter, and if the Court finds that a particular person ought to have been joined as a party and the matter cannot be finally adjudicated in absence of that person, the appeal is certainly liable to be dismissed. I do not find that the order passed by the Charity Commissioner calls for any interference. There is no substance in the appeal, the same is dismissed. No cost. JUDGE Rgd.