IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3780 OF 2009 IN APPEAL (Lodg) NO.643 of 2009 IN CHAMBER SUMMONS NO.63 OF 2008 IN SUIT NO.398 OF 1994 M/s.Reman Cine Corporation. ...Appellant vs. 1.M/s.Hindustan Photo Film Manufacturing Co.Ltd.& ors. ...Respondents --- Mr.S.S.Patwardhan i/b. Mr.Y.R.shah,for Appellant. Mr.A.S.Davar i/b. M/s.Cr.Baylay & Co., for Respondent No.1. Mr.K.H.Mody i/b. M/s.Little & Co., for Respondent no.2. --- CORAM: D.K.DESHMUKH & SMT.R.P.SONDURBALDOTA,JJ. DATED: 9th June, 2010 P.C.: 1. Heard the learned Counsel appearing for both sides. Notice of motion is granted in terms of prayer clause (a). (D.K.DESHMUKH,J.) (SMT.R.P.SONDURBALDOTA,J.) IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (Lodg) NO.643 of 2009 IN CHAMBER SUMMONS NO.63 OF 2008 IN SUIT NO.398 OF 1994 M/s.Reman Cine Corporation. ...Appellant vs. 1.M/s.Hindustan Photo Film Manufacturing Co.Ltd.& ors. ...Respondents --- Mr.S.S.Patwardhan i/b. Mr.Y.R.shah,for Appellant. Mr.A.S.Davar i/b. M/s.Cr.Baylay & Co., for Respondent No.1. Mr.K.H.Mody i/b. M/s.Little & Co., for Respondent no.2. --- CORAM: D.K.DESHMUKH & SMT.R.P.SONDURBALDOTA,JJ. DATED: 9th June, 2010 P.C.: 1. Heard the learned Counsel appearing for both the sides. By the order impugned in the appeal, the learned Single Judge has rejected the application of the appellant to join him as defendant in the suit. Perusal of the plaint shows that the plaintiff has filed suit against – 2 - – Sangli Bank Ltd. claiming money decree. The Sangli Bank Ltd. did not make any application for joining applicant as party. The appellant has made an application that he should be joined as defendant because he is a necessary party. In our opinion, the learned Single Judge has rightly rejected the application because if the appellant is a necessary party, the plaintiff takes risk by not joining him as party, as the suit will be dismissed for not joining a necessary party. The plaintiff cannot be forced to file a litigation against a party against whom the plaintiff does not want to claim relief. The plaintiff has taken conscious decision of not joining the applicant as party defendant. The appeal is, therefore, rejected. (D.K.DESHMUKH,J.) (SMT.R.P.SONDURBALDOTA,J.) ...