IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2169 of 2007 MAHARSHI VISHWAMITRA MAHA VIDYALAYA Versus BHARAT NARAYAN MISHRA & ORS ----------- 2 17.7.2008 Heard Counsel for the petitioner. The grievance of the petitioner is that the Court below by refusing its application dated 21.7.2007 refusing to implead the petitioner, a constituent college, in a money suit filed by the plaintiff/opposite party, has committed a jurisdictional error inasmuch as the constituent college is absolutely a necessary party to the suit. This Court having perused the impugned order and particularly the relief as prayed in the plaint, would find that the constituent college had absolutely no lis much less any concern with the prayer made in the plaint and accordingly the Court below has not committed any error in rejecting such application. It would be relevant to take into consideration as to what the prayer of the plaint in the concerned suit is, which is given below:- “ 1- ;g fd izfroknh la0 ,d ds O;fDrxr /ku ls 50 yk[k ¼ipkl yk[k½ dh jde dks fjDHkjh dj ,e0ih0 dkWyst] cDlj ds Q.M esa tek djk fn;k tkos ftlls 2 deZpkfj;ksa dk cdk;k Hkqxrku gks ldsA 2- ;g fd okn dh frfFk ls lEiw.kZ jde ij lwn dh olqyh djk;h tkosA 3- Eqdnes dk lEiw.kZ okLrfod [kpZ izfroknh ,d ls olwy djk nh tkosA 4- ;g fd U;k;ky; dh n`f"V esa oknh ;fn vU; fdlh vuqrks"k dk ik= ik;k tkos rks mls fnok;k tkosA** From a bare reading of the aforementioned relieves, it is absolutely clear that whatever relief has been claimed is against one Mr. I.C. Kumar and it is said that after he is found liable to pay Rs. 50 lacks, the said amount should be deposited in the college fund. Merely because the name of the college fund has been mentioned will not make the college a necessary party. Accordingly, there being no merit in this civil revision application, the same is dismissed. Rsh (Mihir Kumar Jha, J.)