Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondent No. 1.

2. The petitioner in the present application under Article 227 of the Constitution of India is aggrieved by an order dated 21.04.2009 passed in Title Suit No. 254 of 2000 by learned Sub-Judge-I, Patna, whereby application filed by the petitioner for his impleadment as party in the said suit has been rejected.

3. Certain facts are admitted. One Jagan Ram died on 19.01.1985 leaving behind his Widow Nago Devi and two sons Shiv Ram Prasad and Binay Prasad. The said Jagan Ram during his life time, had acquired a property from Indrapuri Sahkari Grih Nirman Sammittee Limited, having an area of 2148 sq. ft. Nago Devi filed the suit seeking partition of the said property vide suit No. 254 of 2000 on 09.06.2000. However, prior to filing of the suit, second son of Jagan Ram, namely, Binay Prasad by a registered sale deed dated 04.05.2000 had transferred part of the property to Birendra Kumar Singh. Shiv Ram, Binay Prasad and Birendra Kumar Singh were thus impleaded as defendants No.1, 2 and 3 in the said suit. They have been impleaded as Respondents No. 2, 3, and 4 in the prese