1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 172 OF 2009 IN CHAMBER SUMMONS NO. 986 OF 2008 IN SUIT NO. 2014 OF 1980 Gokuldham Real Estate Development Co. Pvt. Ltd. ).. Appellant Versus Akhil Bharat Varshiya Marwari Agarwal Jatiya ) Kosh and others ).. Respondents. Mr. L.M. Acharya for the Appellant. Mr. A. Dasgupta i/b Mehta & Girdharlal for Respondent Nos.5 and 6. Mr. P.K. Shroff a/w Mr. D.V. Deokar i/b M.S. Mhambrey for Respondent No.9. CORAM : SWATANTER KUMAR, C.J. AND S.C. DHARMADHIKARI, J. DATED : 17TH JUNE 2009. P.C. We have heard the learned Counsel appearing for the parties. The present Appeal is directed against the order dated 14th October 2008 passed in Chamber Summons. By this order, the learned Court declined to allow the Chamber Summons No.986 of 2008 which had the prayer of impleading the present Appellant as a party Defendant to the Suit. As the proposed Defendant-present Appellant has not 2 been added as a party to the Suit, his rights cannot be determined in the Suit. The observations made in the order under Appeal are inconsequential as far as the interest of the present Appellant is concerned. Appeal disposed of accordingly. CHIEF JUSTICE S.C. DHARMADHIKARI, J.