: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 APPELLATE JURISDICTION CIVIL APPLICATION NO.485 OF 2007 IN FIRST APPEAL NO.172 OF 1997 Surekha Arvind Sardal. ..Applicant. Vs. Ajit Harnam Singh and ors. ..Respondents. Mr.K.R. Iyengar i/by Mansukhlal Hiralal & Co. for the Applicant. None for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 29th September,2008. P.C. P.C. P.C. 1. The respondent No.1 who has taken out this application is appearing in person. He is absent today. He has not taken any steps to discharge his advocate and his advocate is also absent. The Advocate appointed by the Legal Aid Committee is also absent. In the circumstances, I have perused the entire record. This application is taken out for setting aside the order dated 13.11.2006 passed in C.A.No.4266/2006. By that order, the applicant was permitted to delete the respondent No.2 in the application as well as in the main first appeal. The Civil Application No.4266 of 2006 was required to be made for permitting the service by publishing the notice in local newspaper. It is clear that the respondent No.2 was deleted in the main appeal at the risk of the appellant. The original :2: plaint was filed by the present respondent No.1 who is main contesting party. If the respondent No.2 is aggrieved by the order, he will have liberty to take out separate application. Subject to this clarification, this application is dismissed. Time to carry out the amendment in the first appeal is extended for two weeks from today. (R. S. MOHITE, J.)