CW-7758/2009-Surendra Kumar & Ors. Vs. Satwant Kaur & Anr. Judgment dt.9.4.09 1/2 S.B. CIVIL WRIT PETITION NO.7758/2009 Surendra Kumar & Ors. Vs. Satwant Kaur & Anr. Date of order : 4th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. G.R. Goyal for the petitioner. ------- 1. By the order dated 19.5.2009, the learned trial court had impleaded Surendra Dental College and Research Institute, Sri Ganganagar as defendant No.5 in the suit. The co-defendant had challenged the said order on the ground that on earlier occasion on the objection raised by the co-defendant, the said party was not impleaded and, therefore, at a later stage, the same could not be impleaded by the learned trial court as defendant No.5. 2. The present petitioners are said to be office bearers of the said Dental College and Institution. The application in the suit is filed for recovery of money of the plaintiff Satwant Kaur and others against the defendants and now who claims that the Dental College in question would liable to pay such money and, therefore, is a necessary and proper party. CW-7758/2009-Surendra Kumar & Ors. Vs. Satwant Kaur & Anr. Judgment dt.9.4.09 2/2 3. In the considered opinion of this Court, the learned trial court cannot be said to have committed any error in impleading the said institution as party defendant in the present suit and, therefore, the impugned order dated 19.5.2009 is not required to be interfered with under Article 227 of the Constitution of India. 4. The writ petition being devoid of merit is being dismissed. 5. The learned counsel for the petitioner submits that he may be permitted to raise objection under Sub-Rule (5) of Rule 10 of Order 1 of C.P.C. as to limitation before the learned trial court. He is permitted to do so which shall be dealt with in accordance with law. [ DR. VINEET KOTHARI ], J. item No.4 babulal/