1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Revision No.44 of 2022 Date of Decision: January 9, 2025 Municipal Corporation Shimla …Petitioner. Versus Surender Kumar Sharma & another ..Respondents. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioner: Mr.Mukul Sood, Advocate. For the Respondents: Respondent No.1 is ex parte vide order dated 26.08.2022 passed by Additional Registrar (Judicial). Mr.Tejasvi Dogra, Advocate, for respondent No.2. Vivek Singh Thakur, J (Oral). This petition has been filed against order dated 18.11.2021 passed by Senior Civil Judge, Court No.(II), Shimla, H.P, in Civil Suit No.27 of 2021, whereby application of the Municipal Corporation, Shimla, seeking deletion of name of Municipal Corporation-defendant No.1 from the array of defendants, has been dismissed. 2. It has been claimed on behalf of Municipal Corporation that Corporation is not necessary party to the suit as the work of water distribution has been assigned to independent entity, namely, Shimla Jal Prabandhan Nigam Limited (SJPNL) constituted under Companies Act, 1956 on 19.06.2018. It has been observed by Senior Civil Judge that SJPNL is a Company 1 Whether reporters of the local papers may be allowed to see the judgment? 2 owned by Municipal Corporation, Shimla and Government of Himachal Pradesh, jointly. 3. Provisions of Section 405(2) of Municipal Corporation Act, 1994, have been referred by the Senior Civil Judge to record that for efficient performance of the functions of the Municipal Corporation the work of Municipal Corporation can be assigned to to any person/Agency subject to conditions and restrictions. 4. It is apparent from the impugned order passed, it is not in dispute that primary duty of water distribution is of the Municipal Corporation, Shimla, which now stands assigned to SJPNL-respondent No.2, who has already been arrayed as defendant in the Civil Suit. 5. By assigning its primary duty or function to someone else/agent does not absolve the Principal entity from its liability or responsibility. 6. In any case, Municipal Corporation, Shimla, is a proper party to the proceedings on whose behalf SJPNL has been assigned management of water distribution in the Corporation area. 7. Otherwise mis-joinder is not fatal to non-joinder and, therefore, instead of non-joinder of necessary party, it is appropriate to allow mis-joinder of parties, if any. 8. In aforesaid facts and circumstances, it cannot be said that Municipal Corporation has been improperly added in the array of defendants as it appears to be necessary party. 3 9. Therefore, I do not find any illegality, infirmity or perversity in the impugned order passed by Senior Civil Judge. 10. Accordingly, petition is dismissed alongwith pending application(s), if any. (Vivek Singh Thakur), Judge. January 9, 2025 (Purohit)