IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.129 of 2010 IN CHAMBER SUMMONS NO.756 OF 2007 IN SUMMARY SUIT NO.1124 OF 2002 Bombay Cycle & Motor Agency Ltd. ...Appellant vs. 1.Santosh Narayan Pophle & Anr. ...Respondents --- Mr.C.M.Korde, Sr.Advocate i/b. Mr.S.V.Sonawane, for Appellant. Ms.Prachi Mhatre i/b. M/s.Bodhanwala & Co.,for Respondent no.1. --- CORAM: D.K.DESHMUKH & SMT.R.P.SONDURBALDOTA,JJ. DATED: 9th June, 2010 P.C.: 1. Heard the learned Counsel appearing for appellant. Perused the record. By the impugned order, the application of the applicant who is defendant, for joining one more defendant, is rejected on the ground that it is the plaintiff s suit and therefore, it is for the plaintiff to decide against whom he wants to proceed. The learned Counsel appearing for appellant submitted that the learned Single Judge has, by the order, recorded a finding that the Premier Ltd. for whose joining as defendant an application is made, is not a necessary party. We do not find that any such finding is recorded by the learned Single Judge in the impugned order. The only ground on which the application of the defendant is rejected is that it is for the plaintiff to decide against whom he wants to proceed. We do not find any infirmity in the order. The appeal is, therefore, rejected. (D.K.DESHMUKH,J.) (SMT.R.P.SONDURBALDOTA,J.) ...