Heard the learned Counsel appearing for the parties and perused the record.

2. Petitioner had filed IA No.8 in O.S. No. 5614/1999, to implead him as additional defendant therein, claiming that he is co-owner of the properties involved in the said suit. Respondent No. 13 herein, had filed the said suit against respondent Nos.1 to 12, for a decree of declaration. permanent injunction and other reliefs. The said suit had been contested by some of the defendants therein. There was litigation between the parties, details of which is not required to be noticed, keeping in view the point that arise herein, for decision making.

3. Petitioner had filed IA No.8 in the said suit on 8.7.2005. Plaintiff in the suit had taken time to file objections to IA No.8 and the suit was adjourned to 1.8.2005. IA No.8 was not considered and no order was passed therein till 16.09.2005. The suit was set down for framing of issues by 19.12.2005. On 26.11.2005, plaintiff in the suit had filed an application for advancement of the suit from 19.12.2005 to 27.11.2005. Copy of said application was not served on the Advocate appearing for the petitioner herein, despite the pendency of IA No.8 for considerati