JUDGMENT :

Heard learned counsel for the parties.

2. This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the Order dated 24.09.2022 passed by learned Additional District Judge XXI, Patna in Probate Case no. 107 of 2018 by which he dismissed the petition dated 31.01.2022 filed on behalf of petitioner praying therein to implead him as intervenor opposite parties in the said probate case.

3. The respondents have instituted Probate Case no. 107 of 2018 for grant of probate of Will dated 26.10.1999 executed by Ram Rati Devi in their favour.

4. The petitioner filed an application on 31.01.2022 under Order 1 Rule 10 (2) of the Code of Civil Procedure praying therein that he may be permitted to intervene in the probate case. However, the same has been rejected by the learned court below.

5. The claim of the petitioner is that one of the Plot No. 830 of Khata No. 341 has been mentioned as property of the testator in the said Will in Schedule 1 of the probate petition which is the property of the petitioner/intervenor. It is claimed that the said Plot No. 830 was purchased by the father of the proposed intervenor from one Tulsi Singh, who