1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETN. NO.1960/2010 Sudarshan D. Barai -vs- Keshao D. Barai and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Adv. Shri Muley for petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 21, 2010. 1) Heard Advocate Shri Muley for petitioner and Advocate Shri Kendurkar for respondent No.1. Other respondents need not to be served in present matter. 2) The petitioner is defendant in Regular Civil Suit No.72/2006 instituted by the respondent No.1. He moved application for amendment to point out that a sister has not been joined as party defendant. The trial Court has rejected that application on 02/02/2010, after noticing that examination-in-chief have already come on record and the petitioner has been filing such applications to protract the trial. 3) Advocate Shri Muley contends that considering the nature of suit, the issue of non-joinder of a necessary party needed to be raised and no prejudice is caused to respondent No.1, as his cross-examination is yet to begin. Advocate Shri Kendurkar on the other hand contends that the suit is on the basis of Will and hence sister is not necessary party. 2 4) I do not find it necessary to go into the merits of the controversy. Whether sister is or is not the necessary party can be decided by the trial Court. The fact of existence of sister can be brought on record in cross-examination of respondent No.1/plaintiff by petitioner. 5) In that situation I am not inclined to interfere in the matter in writ jurisdiction. Writ petition is therefore dismissed. No costs. JUDGE Khunte