1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7177 OF 2011 Shri Manik Apparao Garad ...Petitioner Versus Shri Mukund Vasant Garad ...Respondent Mr.R.S.Alange for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 29th SEPTEMBER, 2011. P.C. 1. Heard learned Advocate for the petitioner. The impugned order is passed on the application below Exhibit 38 by the learned 13th Joint Civil Judge, Junior Division, Solapur, hereinafter referred to as learned Trial Judge. The said Order is dated 19.4.2011. By Exhibit 38 the petitioner who is the defendant accepted that three persons whose names are mentioned in Exhibit 38 be joined as party defendants. It is required to be noted that the petitioner is defendant and hence he could not decide as to who should be joined as party defendant. At the most, petitioner could have informed the 2 respondent plaintiff in writing that three persons named in the said application are required, and thereafter he should have left it to the discretion of the respondent. Learned Advocate for the petitioner pointed out to me the text of the plaint and in particular para 9(2). He submitted that the said averments do indicate that the respondent is conscious of the fact that two persons namely Vasant and Vilas are somehow concerned with the entire suit. It is noticed that despite this averment, the respondent plaintiff has not joined these persons. If this be so, the respondent plaintiff to face the consequences of not joining these two persons. The view taken by the learned Judge is correct and no interference is required. Hence the Order. ORDER Petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)