1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5034 OF 2009 Jagdish s/o Namdeo Deore, R/o-Mhasdi, Tq-Sakri, District-Dhule. ...PETITIONER. VERSUS 1) The State of Maharashtra, Secretary, Education Department, Mantralaya, Mumbai, 2) The Education Officer (Secondary), Zilla Parishad, Dhule, 3) Shri Dhangaai Vidhayak Karya Mandal Mhasadi, Tq-Sakri, Dist-Dhule, 4) In-charge Head Master, Shri C.D. Deore, Madhyamik Vidyalaya, Mhasadi, Tq-Sakri, Dist-Dhule, 5) Satish Atmaram Deore, R/o-Mhasadi, Tq-Sakri, Dist-Dhule, 6) Narendra Atmaram Deore, R/o-Mhasadi, Tq-Sakri, Dist-Dhule. ...RESPONDENTS. ... Mr. D.S. Bagul Advocate for Petitioner. Mrs. S.S. Autade, A.G.P. for Respondent Nos. 1 and 2. ... 2 CORAM: K.K. TATED, J. DATE : 7TH AUGUST, 2009. PER COURT : 1. The present Writ Petition preferred by the original third party against the order dated 20th April, 2009 passed by Civil Judge, Senior Division, Dhule below Exhibit 23 in Regular Civil Suit No.285 of 2008. 2. The Respondent Nos. 5 and 6 filed Regular Civil Suit No.285 of 2008 for declaration and stay in respect of their suspension order. In the said suit the Petitioner preferred application under Order 1 Rule 3 of the Code of Civil Procedure below Exhibit 23 requesting the Court to add him as party in the suit. 3. Admittedly Respondent Nos. 5 and 6 did not claim any relief against the Petitioner in their suit and on this count the trial Court dismissed Petitioner's application below Exhibit 23 under Order 1 Rule 3 of the Code of Civil Procedure. If a plaintiff is claiming relief against the defendant and if third party also wants to 3 agitate his rights on similar grounds against defendant, in that case the third party can take appropriate steps by filing their own suit. In the present case the Respondent Nos. 5 and 6 are not claiming any relief against the Petitioner and therefore the trial Court rightly dismissed the Petitioner's application. I do not find any substance in the present Writ Petition and the same is dismissed summarily. [K.K. TATED, J.] asb/JULY09/wp5034.09