1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10074 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri G.R. Agarwal for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 18th February, 2010. P.C.: . Heard the learned counsel appearing for the Petitioners. The Petitioners are the original Defendants. By the impugned order, on application made by the original Plaintiffs, three additional Defendants have been permitted to be impleaded as parties to the suit in exercise of powers under Rule 10(2) of Order I of the Code of Civil Procedure, 1908. 2. The learned counsel appearing for the Petitioners submitted that there is an observation made in the impugned order that the proposed Defendants are not necessary parties. He submitted that in the Written Statement, there was no objection raised regarding non- 2 joinder of necessary parties as the proposed Defendants have already given up their shares. 3. It must be noted that at the stage of cross- examination, the Petitioners themselves raised an objection regarding non-joinder of the proposed Defendants and the same objection was raised at the time of arguments. That is why the application was taken out by the Plaintiff on which the impugned order has been passed. 4. Perusal of the impugned order shows that the Trial Court has not exercised the powers under the proviso to Sub-section (1) of Section 21 of the Limitation Act, 1963. The application was required to be made on account of objection raised belatedly by the Petitioners themselves. Hence, no interference is called for. The Writ Petition is rejected. (A.S.OKA, J) ash