( 1 ) THIS revision petition under Section 115 of the Code of Civil Procedure, 1908, to be referred to as the Code, is directed against the order dated 7-4-1977 made on I. A. No. 2 in Original Suit no. 26 of 1977 on the file of the Court of the Principal Civil Judge, Hubli, granting permission to one Khandappa Devappa Dhumale to be added as defendant No. 3 in the suit.

( 2 ) PETITIONERS in the revision petition are defendants 1 and 2 in the original suit, a suit for partition instituted against them by respondent No. 1 herein as plaintiff, Respondent No. 2 herein is the person who is allowed to be added as defendant 3 in the suit. Whether the Court below has exercised a jurisdiction not vested in it under Rule 10 of O. I. of the Code in ordering addition of the applicant in I. A. No. II as defendant 3 in a suit for partition having regard to the claim put forward by him that he was in actual enjoyment of the suit lands being in possession of them as a tenant entitled to the benefits conferred upon him under the 'karnataka Land Reforms Act, 1961, to be referred to as the Act, is an important and interesting question of law which is raised for my decision in this revision petition.

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