Radhabai Harku Dokhe v. Deepak Revachand Narayani And ORS

26 wp.8050.12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 8050 OF 2012 RADHABAI HARKU DOKHE

VERSUS

DEEPAK REVACHAND NARAYANI AND OTHERS ...

Advocate for Petitioner : Mr. Chapalgaonkar Shailesh S. Advocate for Respondent Nos.10A to 10H : Mr.A.V.Hon. ...

CORAM :

N. W. SAMBRE, J.

DATE :

01st April, 2015.

Per Court:

.

The Petitioner sought impleadment in Special Civil Suit No.27 of 2008, under Order 1, Rule 10 of the Code of Civil Procedure, which came to be rejected by an order dated 13th September, 2012. The rejection is on the ground that there was no privity of contract between the Plaintiff and the present Petitioner. The above referred observations made by the learned trial Court are brought to the notice of this Court. Having gone through the order in question, in my opinion, no material irregularity or illegality is noticed. The petition stands dismissed.

At this stage, Mr. Chapalgaonkar, learned counsel for the

26 wp.8050.12.odt Petitioner would urge that he be granted liberty to move an application under Section 10 of the Code of Civil Procedure in the suit initiated by the Petitioner. Liberty, as prayed, if so available in law. [ N. W. SAMBRE, J. ] ndm