( 1 ) THIS revision is under Section 115 of the Code of Civil Procedure, from the order dated 14-12-1993, passed by Munsiff, T. Narasipura on I. A. No. 4 moved in F. D. P. 18/90, in Original Suit No. 22/77, allowing the impleadment of the respondent as defendant No. 4.

( 2 ) ). The facts of the case in nut-shell are that the suit for partition had been filed by the plaintiff Smt. Aswathamma, impleading Kotamma, Sampathamma and Vijayalakshmi as defendants, claiming 1/4th share each against defendants 1 to 3 in the suit. It may be mentioned as observed by the Trial Court, second defendant in her written statement had taken the plea that the deceased first defendant had taken her son in adoption and during the trial registered Will was executed in favour of the present applicant whereby deceased defendant No. 1 had bequeathed the suit property in favour of the son of defendant No. 2, that is the present appellant, but the plaintiff did not implead the applicant in the suit. In spite of issue No. 2 raised in the suit that the property belonged to the applicant-H. N. Vijaya Raghava, present applicant was not impleaded and in those proceedings preliminary decree was got