2016 (6) ABR 739 ::(2017) 3 CivLJ 116 ::(2017) 4 AllMR 94 (BOM) ::(2017) 7 Bom CR 696 ::(2017) 2 Mah LJ 694 ::(2017) 174 AllIndCas 488 (BOM)

Bombay High Court

Hon'ble Judge(s): P. R. Bora , J

(A) Civil Procedure Code (5 of 1908) O. 1, R. 10 (2) — Joinder of party — Suit for partition — Appellate court allowing application of plaintiff for joinder of party on ground that it would not be in interest of justice to defeat claim of plaintiff on technical ground of non-joinder of necessary party — However objection of non-joinder of necessary party in partition suit cannot be said to be on technical ground — Defendant raising specific plea that application filed by plaintiff is barred by limitation — Specific objection regarding non joinder of necessary party was raised in suit but plaintiff proceeded in suit without joining that necessary party — Order of appellate court permitting joinder of necessary party and remanding matter to trial court without considering all objections raised by defendant, not proper (Paras 19, 21, 22, 25)