U.N.Sinha, J.

1. This application has been filed by the plaintiffs of Title Suit No. 154 of 1961. It is directed against order No. 26, dated the 6th of November, 1962, by which the learned Munsif has ordered that one Gondu Manto be impleaded as a party to the suit.

2. The short facts are as follows : The plaintiffs have instituted the suit on the allegations that on the 11th of July, 1956, Babulal, Lal Mani Devi and Rukhmani Devi had given a usufructuary mortgage to Gangu Mahto, of the properties which are the subject-matter of this suit. Thereafter the plaintiffs purchased the equity of redemption from the three mortgagors by two transactions of the year 1960. Then the plaintiffs had tendered the mortgage money which was not accepted by the mortgagee and hence the money deposited and the present suit instituted for redemption. Gangu Mahto was made the sole defendant in the suit. Then one Gondu Mahto filed an application on the 14th of July, 1962, praying that he may be added as an intervenor defendant in the action. It was alleged by Gondu Mahto "that" Gangu Mahto was never in possession of the properties included in the mortgage deed, which were always in possession of Go