1. Heard Mr. Kali Kant Jha, learned counsel appearing on behalf of the intervener-petitioner and Mr. Pramod Kumar Sinha, learned counsel appearing on behalf of the plaintiff-respondents.

2. CWJC No.5840 of 2012 has been filed for quashing the order dated 17.11.2008 passed by the learned Sub-Judge 1st, Darbhanga in Title Suit No.76 of 2006 rejecting the application filed on behalf of the intervener-petitioner under Order-1, rule 10(2) read with section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) seeking impleadment in the suit proceedings.

3. The other writ petition bearing CWJC No.9553 of 2011 was filed for quashing the order whereby the petition filed by the intervener petitioner herein seeking recall of the order dated 17.11.2008 was rejected by the learned Sub-Judge 1st, Darbhanga in Title Suit No. 76 of 2006 vide order passed on 07.05.2009.

4. The facts of the case is in very narrow compass. The suit was filed by the father of plaintiff-respondents herein, late Kameshwar Jha seeking specific performance of agreement to sale to be executed by the brother of the intervener-petitioner herein, namely, Batahu Jha on 29.06.2002. During the co