:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 653 OF 2008 Jamnadas Velji Thakker ...Petitioner Versus M/s.Creation and anr. ....Respondents ====== Mr.H.N.Thakore with Ms.Agnes Boradia i/by. M/s.Thakore Jariwala and Associates Adv. for the petitioners. Mr.S.I.Manek, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The petitioner who is the original defendant in a suit filed in the court of Small Causes being R.A.D.Suit No.677 of 1999 is aggrieved by an order dated 6.12.2007. That order is passed in Application No. 1990 of 2007 in Interim Notice No. 1753 of 2007. 2. The grievance of the petitioner is that the Application filed by him is under Order 7 Rule 11 of the Code of Civil Procedure, 1908. That is an :2: :2: :2: application which is necessarily contested by the original plaintiffs/respondents before me. In such circumstances, there was no occasion for the Trial Court judge to have issued a direction to serve a copy of the application on all the defendants to the suit. Mr.Thakore points out that there are about 400 defendants and it would be impossible to serve them. Until the service is effected, the proceedings in R.A.D. Suit will go on thereby rendering the Application infructuous. The respondents are represented by Mr.Manek, and he submits that the Trial Court’s order is a mere procedural order. It causes no prejudice to the parties. It is passed upon an application with regard to serving the defendants to the suit. Therefore, this court should not interfere. 3. The Trial Court passed an order making absolute Interim Notice No. 254 of 2007 in L.D. Suit No. 251 of 2002 and Application No. 1990 of 2007 in Interim Notice No. 1733 of 2002 in R.A.D.Suit No.677 of 1999. By the common order it directed that except Defendant No.160, notice must be issued to all the defendants in Interim Notice No.1733 of 2007. The :3: :3: :3: petitioner is effected by this direction as his Interim Notice is for relief under Order 7 Rule 11 of the Code of Civil Procedure. 4. In the peculiar facts of this case and Mr.Thakore making a statement that for the purposes of the present application, namely, Interim Notice No. 1733 of 2007, presence of anybody other than the plaintiffs is unnecessary, so also, they having not been made parties to the application, it is directed that barring the Plaintiffs to the suit, nobody else need to be served. The impugned order to the extent it directs Notice to everybody is accordingly quashed and set aside. Petition allowed in the above terms. All contentions insofar as the merits of the application are kept open. No costs. sd/- ********