skt/- 1 29.wp.2024.2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2024 OF 2010 Bhausaheb Pandharinath Thete & Ors. ...Petitioners. Vs. Snehal Bhausaheb Thete Through legal guardian (Mother’s Father) Sudam Karbhari Kale ...Respondent. ..... Mr. Tushar Sonawane, Advocate for the petitioner. None present for the respondent. ..... CORAM :- A.S.OKA, J. DATED :- 19TH MARCH, 2010. P.C.- 1. Heard learned counsel appearing for the petitioners. The petitioners are the original defendants. On application made by the unsuccessful plaintiffs in the pending appeal, by the impugned order, the appellate court has permitted the plaintiffs to implead parties. skt/- 2 29.wp.2024.2010.sxw 2. The learned counsel appearing for the petitioners submitted that in view of the decision of the appellate court, in the case of “Vidyabai V/s Padmalata 2008” there is a complete bar on carrying out amendment after commencement of the trial. He submitted that in the present case, there is a finding recorded by the trial court that the suit is not maintainable on account of non-joinder of the parties, but the same parties are sought to be impleaded under the impugned order. He submitted that serious prejudice will be caused to the petitioners, as their defence of non-joinder of necessary parties has been accepted by the trial court. 3. I have considered the submissions. The power exercised by the appellate Court is in effect under Rule 10(2) of Order 1 of Code of Civil Procedure, 1908. Though the application is filed under Rule 17 of Order 6 of the said Code, the power is not exercised under the said provision. In view of Section 21(1) of the Limitation Act, 1963, the suit shall be deemed to have been filed against the added defendants from the date on which they are made parties to the suit. skt/- 3 29.wp.2024.2010.sxw 4. Subject to what is observed above, no case is made out for interfering with the discretionary order passed by the appellate Court, Writ Petition is rejected. All contentions of the parties on merits are kept open. (A.S.OKA, J.)