:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2325 OF 2008 PETITION NO.2325 OF 2008 PETITION NO.2325 OF 2008 Hiralal N. Jain ..Petitioner V/s Municipal Corporation of Gr. Mumbai through the Commissioner & Anr. ..Respondents. Mr.D.F.Sharma i/b Dharam & Co. for the petitioner Mr.D.S.Sakhalkar i/b Miss Manjusha S. Kumbhar for respondent No.2 CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 17TH JUNE, 2008 : 17TH JUNE, 2008 : 17TH JUNE, 2008 P.C. 1. This writ petition is directed against the order dated 25th October, 2007 passed by the City Civil Court, Bombay, wherein the Chamber Summons of the applicant to be added as party-defendant came to be allowed and the petitioner is directed to add the applicant as party-defendant. 2. The applicant is a builder and developer of the SRA Scheme and the land wherein the present suit premises is situated belongs to BMC, who is the defendant in the suit. 3. In the impugned order I find that the learned :2: Trial Judge has not discussed as to why the applicant is necessary party, under the provisions of the order 1, rule 3 and rule 10(2) of CPC. The suit filed by the petitioner arose out of the notice issued by BMC requiring the petitioner to shift to the 7th floor of the newly constructed building constructed by the applicant developer. 4. In my view, for the effectual disposal of the suit it is not necessary that the applicant be added as party-defendant to the suit. The issue which would be framed by the Trial Court would necessarily be with respect to the notice issued by BMC and the BMC can very well bring all the facts, and evidence which the applicant would have brought, before the Trial Court. The impugned order does not consider the provisions of law and as to why the impleadment of the applicant is necessary. Merely because the applicant has constructed the building in the SRA Scheme, would not entitle the applicant to be impleaded as a party-defendant to the suit when essentially what is challenged in the suit, is the Notice issued by BMC. :3: 5. In my view, the applicant may be a proper party, however, he is not necessary party. 6. The impugned order is thus set aside and the petition is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)