ORDER 11.7.2007 — Heard learned counsel for the petitioner. 2. The order dated 1.3.2007 passed by the learned Civil Judge (Senior Division), Bhawanipatna in C.S.No. 47 of 2006 rejecting an application filed under Order 1, Rule 10 CPC for impleading Managing Director, WESCO, Burla as defendant No. 4 is under challenge. 3. From the impugned order, it appears that the petition was filed on 1.3.2007 and on the very same day the same has been rejected on the ground that the defendants 2 and 3 in their written statement have not taken a stand that the Managing Direc¬tor of the WESCO is a necessary party. It was for the Court to find out as to whether the Managing Director, WESCO is a necessary/proper party to the suit or not. Even if the defendants have not raised any objection, the Court cannot over look it’s duty to find out as to whether the Managing Director is a necessary party or not. Admittedly, the suit is for recovery of money against the Superintending Engineer, Executive Engineer and Sub-Divisional Officer. Even if the Managing Director is not considered to be a necessary party, there cannot be any doubt that he is a proper party to the suit. 4. I, therefore, set aside the impugned order and direct that the Managing Director, WESCO be added as defendant No. 4 to the suit. The writ application is accordingly disposed of. Urgent certified copy of the order be granted on proper application. Application disposed of.