IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2158 of 2008 DR. DEO SHANKAR PRASAD @ DR.D.S.PRASAD Versus SARAN HOMEO PATHIC MED.COLL&OR ----------- 2. 9.1.2009 Heard counsel for the petitioner. For the reasons stated in I.A. No. 7635/2008 the delay in filing of this Civil Revision is condoned. On merits, while this Court would not find any reason to interfere with the impugned order, inasmuch as the court below has rightly appreciated that there was no relief sought against the petitioner in the suit so as to allow his impleadment in suit. That being so, the approach of the court below is perfectly in keeping with the provisions of Order 1 Rule 10(2) C.P.C. and the order rejecting impleadment of the petitioner in the suit does not suffer from any jurisdictional error. Counsel for the petitioner, however, would point out that the defendants of the suit are playing game of duck and drakes. They at one hand have raised an objection in the written statement that the suit is bad for non-joinder of this very petitioner as a party to the suit and when the petitioner had filed an application for 2 being impleaded as a party to the suit it was opposed by them. To that extent the grievance of the petitioner, who is definitely the Principal of the Homeopathic College, seems to be correct, inasmuch as even if the suit is with regard to a dispute relating to declaration regarding Secretary/the Trust Committee, the petitioner in capacity of Principal has at least this much of interest that the academic atmosphere in the College does not get disturbed on account of such dispute. Thus appreciating this aspect of the matter, this Court, having noted the conflicting objection of the defendant opposite parties to the addition of the petitioner as a party defendant to the suit would only observe that whenever the plea of non-joinder of party will be gone into in the suit, the suit will not be dismissed on the ground of non-joinder of the petitioner. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/