1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.2594/2008 Jagjivan s/o Anandrao Somkunwar ...Versus... Namdeorao s/o Krushnaji Gajbhiye -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri M.P. Lala, Adv. for petitioner] CORAM:- A.B. CHAUDHARI, J. DATED :- 26.06.2008 An order rejecting application for joining proposed defendant No.2 – The Katol Taluka Backward Class Cooperative Housing Society in the pending suit is under challenge in the present writ petition. Advocate Shri Lala for the petitioner argued that the Society is in possession of the original documents relating to sanctioned lay out plan and other connected documents. Since the dispute has arisen between the members of the Society, it will be legal and proper to have the Society as defendant No.2 in the suit. 2 Having heard Counsel for the petitioner and having seen the impugned order, I find that the petitioner wants documentary evidence in support of his case from the Society, but then to add the Society who can be the best witness for the petitioner is not an answer. The petitioner is, therefore, always at liberty to summon the entire relevant records from the Society as well as witness from the Society to prove his case. There is no need to make Society as a party merely because it is in possession of the original records. With this observations, the writ petition is disposed of. No order as to costs. JUDGE ssw