SA. 204-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL No. 204 OF 2011 Dashrath Ramchandra Shelar ...Appellant Vs. Chandrakant Ballanna Talellu & Ors. ...Respondents *** Mr. S. V. Sadavarte, for the Appellants. *** CORAM: V. M. KANADE J. DATE : AUGUST 5, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the appellant. Appellant is the original plaintiff. He has filed a suit for declaration and injunction in the trial court. It was alleged that he was tenant of the suit premises and it was given to him on rent by the original landlord. An exparte decree was passed by the trial court. The other legal heirs of the original landlord preferred an appeal and contended that they were proper and necessary parties, and therefore, they ought to have been added as defendants in the suit. The lower appellate court allowed SA. 204-11 - 2 - the appeal and directed the plaintiff to add them as party-defendants in the suit, and the exparte judgment and decree of the trial court was set aside and the matter was remanded back. 2. In my view, there is no substantial question of law raised in this second appeal. The District Court was justified in setting aside the exparte order and giving directions to the plaintiff to add the respondents as the party-defendants in the suit. Hence, the second appeal is dismissed. The trial court shall decide the suit on merits and in accordance with law. [ V. M. KANADE J.]