Sudhir Kumar Katriar, J.

1. This civil revision application is directed against the order dated 26.9.1995. passed by learned munsif, Sadar, Sitamarthi. in Partition Suit no.131 of 1992 Mathura Prasad Singh V/s. Shyam Narayan Singh, whereby the petitioners application under Order XXII, Rule 5. of the Code of Civil Procedure for impleading maha Sinha @ Mahadevi Sinha. as a party defendant in the suit, has been rejected.

2. The petitioner is defendant No.3 in the partition suit. It is the common case of the parties that they are children of Basudeo Singh. Basudeo Singh died during the pendency of the suit on 7.8.1993, and then the question of substitution of his heirs arose. It is also common case of the parties that Basudeo Singh had again married after the death of his first wife. The present petitioner is from the first wife, and the opposite parties are from the second wife. After the death of the aforesaid basudeo, Singh, the present petitioner had filed an application under Order XXII, Rule 5 CPC for bringing Maha Sinha on record. His case is that he and Maha Sinha are full brother and sister from one mother. This prayer was objected to by the opposite parties-herein on