Judgment RULE. Rule made returnable forthwith. The petition is heard finally at the stage of admission, as a notice was issued to the respondents on the limited issue as to why the petitioners may not be granted liberty to move a fresh application before the Trial Court to point out how the parties mentioned at Sr.No.10 to 12-C in the application under Order I Rule 10 of the Code of Civil Procedure, were necessary parties to the suit for partition and separate possession. The respondents are duly served with the notice on this limited issue. 2. The petitioners are the original plaintiffs. A suit was filed by the plaintiffs-petitioners against the respondents-defendants for declaration, partition and separate possession of the suit properties. A written statement was filed by the respondents and it was stated therein that the petitioner had not joined some parties to the suit though it was necessary for the plaintiffs-petitioners to join them, as the suit was for partition and separate possession. The petitioners then moved an application under Order I Rule 10 of the Code of Civil Procedure for adding some persons as parties to the suit along with the Tahsildar and the Talathi. The petitioners, however, did not state in the application as to why they desired to join proposed defendant Nos.10, 11, 12 and 12-A to 12-C in the array of the defendants. Without stating a single reason for their joinder, the application came to be filed. The Trial Court, by the impugned order dated 29/08/2011, rejected the application, as according to the Trial Court, the Tahsildar and the Talathi were not necessary parties to the suit and they could not have been joined. The Trial Court further held that the proposed defendants at Sr.No.10, 11, 12, 12-A to 12-C also could not have been joined, as the petitioners had not stated a single reason for their joinder. The petitioners had not stated that they were related to the predecessor-in-title of the plaintiffs and the defendants and, hence, they were necessary parties to the suit for partition and separate possession. 3. The learned counsel for the petitioners has made a limited request of permitting the petitioners to file an appropriate application stating the reasons for joinder of proposed defendant Nos.10 to 12C. 3. The learned counsel for the petitioners has made a limited request of permitting the petitioners to file an appropriate application stating the reasons for joinder of proposed defendant Nos.10 to 12C. According to the learned counsel for the petitioners, the application for joinder of proposed defendant Nos.10 to 12-C has been rejected on the sole ground that there is no reason in the application for seeking their joinder. According to the learned counsel for the petitioners, the petitioners cannot be made to suffer for a poor drafting of the application. The learned counsel for the petitioners sought leave to file an appropriate application or a proper affidavit tendering the reasons for seeking the joinder of the defendant Nos.10 to 12C. 4. The request made on behalf of the petitioners is just and reasonable. This Court had, in the judgment reported in AIR 2007 Bom. 7 (Miguel Caetano Francisco and Anr. v. Mrs. Ana Anuniciacao Fernandes and Ors.), held that the order on the previous application would not operate as res judicata when the previous application is dismissed on some technical ground and not on merits. 5. In the facts of the case, the impugned order passed by the Trial Court on 29/08/2011 is quashed and set aside so far as it rejects the application of the petitioners for joinder of proposed defendant Nos.10 to 12-C. The part of the impugned order rejecting the joinder of proposed defendant Nos.13 and 14 is just and proper and calls for no interference. The petitioners are granted liberty to file an appropriate application or an affidavit stating the reasons for seeking the joinder of proposed defendant Nos.10 to 12 C. The Trial Court shall then decide the application on its merits in accordance with law. Rule is made absolute in the aforesaid terms with no order as to costs.