1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PETENT APPEAL STMAP NO. 11455 OF 2009 IN WRIT PETITION NO. 6951 OF 2008 Anil Gulabchand Agrawal .. Applicant Versus M/s. Ambika Trading Company Bodwad and others .. Respondents Shri Sanket Kulkarni, Advocate h/f Shri R. M. Sharma, Advocate for the Applicant. Shri G. V. Wani, Advocate for the Respondents. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. DATE : 22nd July, 2009. ORAL ORDER [ Per B. R. Gavai, J.] : 1. The present appeal arises out of order passed by learned Single Judge in writ petition no. 6951 of 2008 decided on 27.04.2009 vide which the petition filed by the present petitioner was dismissed. The petitioner had filed an application in Regular Civil Appeal No. 115/2006 for joining State Government and some officers of State Government as party defendants. Said 2 application was rejected. Being aggrieved by the said order the writ petition was filed and same is rejected. Being aggrieved thereby the present appeal. Shri Kulkarni learned counsel for the appellant submits that, learned Single Judge has erred in dismissing the appeal. He submits that the State Government and its officers are necessary party in as much as there is dispute between the appellant (Original defendant) and the plaintiff and the officers of the State Government. 2. Firstly, the jurisdiction under Order I Rule 10 of Civil Procedure Code is discretionary jurisdiction, unless that discretion is exercised in a perversive manner by the Trial Court, it would not be permissible for the Single Judge to interfere with the same. While dismissing the writ petition, the Learned Single Judge has found that Trial Court while rejecting the application filed by the appellant has relied on the observations of the High Court in the review application. It has further been found that, plaintiff has wrongly sought permission to make the State and officers of the State as party. We do not find any error to invoke the appeal jurisdiction. Hence the appeal is dismissed. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/July 09