S.N. Jha, J.

This civil revision by some of the defendants in the court below is directed against order dated 23.8.94 in Title Suit No. 94/87 of 1985/94 of the court of 1st Additional Munsif, Siwan, adding Shikhari Mahto, since dead and represented by his heirs, as intervenor-defendant under Order 1 Rule 10 of the Code of Civil Procedure ('the Code', in short).

2. The point for consideration is whether a defendant can object to addition of a party when the plaintiff does not oppose the prayer.

3. It would appear from the scheme envisaged in Order 1 of the Code that it is for the plaintiff to choose the defendants. The plaintiff is like captain of the ship who is to decide who would board the ship. Subject to such order as may be passed by the court, the choice of the defendant rests with him. Under Rule 10, if a person has been improperly joined, his name may be struck out, or if the presence of a person is either necessary or proper to effectually and completely adjudicate upon and settle all the questions involved in the suit he may be added at any stage of the proceedings. The defendant does not come in the picture in the matter of choice of fellow defendants.

4. In the pre