IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1486 OF 2006 IN SUIT NO. 436 OF 2005 Krishna Gautam Shah... ...... ......Plaintiff. V/s Pankaj Shah .... ...... ....Defendant. And M/s.B.Arunkumar & Co. .... ..... ..Applicants. Mr.P.M.Vanoo, Adv. for the applicant-in-support of C/S. Mr.C.T.Kriplani, Adv. For the plaintiff. Mr.A.J.Uniyal, Adv. for the defendant. CORAM: A.P.DESHPANDE, J. 29/4/08 PC: This chamber summons is taken out by third party seeking his impledment as party-defendant in the suit. The applicant seeks his impledment under Order 1 Rule 10 of the Code of Civil Procedure. 2. According to the plaintiff the defendant was inducted as licensee and after termination of the licence suit for possession had been filed. In the written statement filed by the defendant it is categorically stated that the present applicant viz. M/s.B.Arunkumar & Co. is in exclusive possession of the suit premises and the defendant had been in use and occupation of the suit premises as an employee of M/s.B.Arunkumar & Co. The defendant then states that he is not claiming any right, title or interest in the suit premises and the rights 1 vest with the present applicant. The defendant has also pleaded that there is no previty of contract between the plaintiff and defendants of the alleged gratuitous licensee of the plaintiff. It is also contended that the suit is bad for non-joinder of necessary party viz. the present applicant. According to the averments made in this chamber summons the applicant claims to have been put in exclusive possession of the suit property in the year 1994. For the purpose of finding out as to whether a person need to be impleaded as party- defendant in a suit the Court is supposed to find out as whether in the absence of such party being impleded would it be possible to adjudicate all the issues effectively and completely or is the presence of such a person necessary for complete adjudication of all the issues involved in the suit. In view of the pleadings of the defendant wherein he categorically claims to have been put in possession by the applicant, he being employee of the applicant would be good enough to direct impledment of the applicant as party-defendant. As I am of the clear view that it would be advantageous to implede the present applicant as party-defendant in the suit for adjudication of issues involved. Chamber Summons is made absolute. Plaintiff is directed to implede the applicant as party-defendant. Plaintiff shall serve copy of the amended plaint on the counsel for the applicant within a period of four weeks from today and the applicant shall file his written statement within a period of four weeks from the date of service of copy of the plaint. Chamber summons stands disposed of. 2