Sanjay Kumar, J. – The plaintiff of Title Suit No.236 of 2012 has filed this application for quashing the order dated 30.06.2015 passed by Sub Judge-I, Bettiah, West Champaran whereby and whereunder the intervener petition filed by respondent no.3 under Order 1 Rule 10 read with Section 151 of the CPC was allowed and he was impleaded as defendant no.3.

2. Heard learned counsel for the petitioner. Nobody appeared on behalf of the respondents.

3. The plaintiff has filed the aforesaid suit for declaring the General Power of Attorney dated 24.04.2012 and sale deed dated 07.05.2012 executed by defendant no.1 in favour of his son defendant no.2 as fraudulent and not binding on the plaintiff. The plaintiff had executed a power of attorney on 24.04.2012 in favour of defendant no.1 on receiving four post-dated cheques for an amount of rupees forty seven lacs. As per request of defendant no.1, the plaintiff deposited the said post dated cheque in bank on 25.05.2012 but the same were dishonoured on account of insufficient fund. The plaintiff further claimed that the defendant no.1 fraudulently and illegally executed sale deed in favour of defendant no.2 with respect to the land which was subjec