( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ FIRST APPEAL NO.26 OF 2009 FIRST APPEAL NO.26 OF 2009 FIRST APPEAL NO.26 OF 2009 Emelia Kenny Wd/o Sebastian Kenny D/H Ophilia Robert D’souza ..Appellants & Ors. V/s. Mr.Banat Alias Bernard and Ors. ..Respondents ...... Mr.A.M.Saraogi for the appellants Mr.Prashant G.Karande for respondent Nos.1A to 1D. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 16th April, 2009 DATED : 16th April, 2009 DATED : 16th April, 2009 P.C.: P.C.: P.C.: 1. The judgment and decree dated 5th November, 2008 passed by the learned Judge of the City Civil Court in S.C.Suit No.119 of 1993 is under challenge. The learned Judge in the impugned order has given a finding that the plaintiffs are entitled to the ( 2 ) partition alongwith sisters of Mr.Ignitius. On the basis of the record, it is clear that said sisters of Mr.Ignitius were not party to the suit and the plaintiffs have not joined them. 2. In my view, it is necessary that those sisters of Mr.Ignitius are required to be joined as party defendants so that they may be able to put up their say in the matter and that the entire matter can be considered a fresh. If necessary, evidence may also be required to record if any party so wishes. In view of this, the plaintiffs will have to be directed to apply for amendment of the plaint so as to join sisters of Mr.Ignitius and proceed further. Hence, the following order. ORDER ORDER ORDER . The impugned order dated 5th November, 2008 passed in S.C.Suit No.119 of 1993 is set aside without expressing any views on merits except the fact that the sisters of Mr.Ignitius were required to be joined as party defendants and the suit is remanded to the file of the City Civil Court, Bombay. Plaintiffs are directed to make an application to the City Civil Court for amendment of the ( 3 ) plaint so as to join sisters of Mr.Ignitius as party defendants. The learned Judge shall grant that application and thereafter consider the suit a fresh. If any party wants to lead evidence, such a party shall be permitted to lead evidence and then after hearing both the sides, the learned Judge shall deliver his judgment. It is clarified that no views are expressed on the merits of the matter and rival contentions which could be taken in the trial are left open. . In the fact and circumstances, there shall be no order as to costs. The first appeal is disposed of in the above terms. In view of the above, no orders on Civil Application No.52 of 2009. Whatever was the status-quo at the stage of the disposal of the suit shall continue to operate between the parties till the stage of amendment of plaint. If subsequently there is any change in the situation, a party is free to apply for appropriate interim relief. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)