1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.4734/2007 Ramesh s/o Ramji Rathod Vs. Shri Dharamdas s/o Melumal Ramani and another. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 18/06/2008. Heard Mr. Shrivastava, learned counsel for the petitioner and Mr. Masood Shareef, learned counsel for respondent nos. 1 and 2. By this petition, the present applicant-petitioner whose application under Order I Rule 10 of the Code of Civil Procedure has been dismissed by 4th Joint Civil Judge, Senior Division, Nagpur assails the order dated 16.6.2007 by which the application filed by the present petitioner for joining him as defendant in the suit filed by the respondents for specific performance of agreement for sale has been rejected. By the impugned order, the trial Court has held that the applicant-petitioner has not made out a case for joining him as defendant in the suit and, at the most, the suit filed by the present petitioner against the said 2 defendants in the said suit can be clubbed with that suit for final hearing at appropriate time. It is not disputed that both the suits are pending before the same Judge. Having heard learned counsel for the parties and having perused the records, I find that the trial Court has not committed any jurisdictional error to warrant interference in exercise of writ jurisdiction under Articles 226 of Constitution of India. In the event, the petitioner files an application for clubbing of two suits, the Court dealing with such an application shall deal with the same on its own merits considering the pleadings in the suit and also the impugned order. In view of the above, petition stands disposed of with no order as to costs. JUDGE Ambulkar.