1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 4264 OF 2010 Ms. Swapnshilpa Devaki Constructions and others. -: VERSUS :- Municipal Council, Chandrapur. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 19, 2010. Heard Shri M.P. Khajanchi, learned Counsel for petitioners and Shri M.I. Dhatrak, learned Counsel for respondent. Suit was filed by a Partnership Firm and a temporary injunction protecting the structure from auction initiated by the Municipal Council, has been obtained. The Municipal Council in that suit raised objection, that all partners ought to have been joined as parties. Petitioners Firm therefore filed an application to add partners either as plaintiffs or defendants. The matter came earlier before this Court and this Court granted petitioner liberty to move fresh application. Accordingly application at Exh.25 under Order 1 Rule 10 of Civil Procedure Code to join unwilling partners as 2 defendants, was filed. That application has been rejected by the trial Court after observing that all partners are not necessary parties to the suit. Shri Khajanchi, learned Counsel contends that addition of partners is already allowed and hence unwilling partners were only shifted as defendants. Reliance is being placed on judgment reported at AIR 1961 SC 325 (Purushottam Umedbhai and Co. .vrs. M/s. Manilal and Sons), particularly paragraph no.8 to substantiate his contention. Shri Dhatrak, learned Counsel for respondent contends that in view of provisions of Order 30 Rule 1 of Civil Procedure Code, presence of all partners is not necessary and there is no jurisdictional error. It is apparent that the suit is already made time bound. Lis between partners inter-se is not relevant in such matter. Perusal of judgment of Hon'ble Apex Court (supra) reveals that there the dispute was of entirely different nature. As I do not find any jurisdictional error, Writ Petition is rejected. No costs. JUDGE Rgd.