.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4607 OF 2008 IN FIRST APPEAL NO. 1203 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.A.B. Desai for the applicant. Mr.T.J. Mendon for respondents nos.1 and 3. CORAM : D.G. KARNIK, J. DATE : 7TH OCTOBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This application is made for joining Employees State Insurance Corporation (for short "ESIC") as party to the appeal. 3. Learned counsel for the applicant submitted that ESIC was a necessary party to the original application. An objection was raised before the Commissioner that ESIC was a necessary party but the same - 2 - was not accepted. He therefore submitted that ESIC be joined as a party to the appeal. 4. It is a normal rule of procedure that only a party to the original proceedings can be joined as party to the appeal. If ESIC was a necessary party to the original application and was not joined as a party, it is open to the appellant to contend in the appeal that the original application is liable to be dismissed for non-joinder of necessary party. However, a person who was not a party to the application cannot be joined as party to the appeal merely because according to the applicant he was a necessary party to the original proceedings. With these observations, the application is dismissed. (D.G. KARNIK, J.)