( 1 ) IN this application, the petitioner herein has questioned an order dated 10th december, 1997 passed in I. A. No. 1827 of 1997 arising out of O. S. No: 362 of 1997 whereby and whereunder the application filed by the 1st respondent herein for impleading himself as a party to the suit was allowed.

( 2 ) THE plaintiff-petitioner filed a suit against the 2nd respondent-defendant being O. S. No. 362 of 1997 only for realization of arrears of rent. The third party-respondent filed the application for impleading himself as a party, inter alia, on the ground that the petitioner s husband has executed a Will in his favour. Before the learned trial Judge, a contention was raised on behalf of the petitioner relying on the basis of a decision in Mujta Bai Begum vs. Mehbub Rehman (AIR 1959 M. P. 359), that the plaintiff cannot be forced to add a person as a party against his Will.

( 3 ) THE learned trial Judge arrived at a finding of fact that by filing documents the third party-respondent had established that he is the absolute owner of the entire schedule property.

( 4 ) THE only contention raised by the learned Counsel for the petitioner is that having regard to the basis