JUDGMENT :

SUNIL DUTTA MISHRA, J.

1. Notice was issued to respondent Nos. 1 to 4, who are plaintiffs in the suit. Despite valid service of notice and sufficient opportunity given, no one appeared on behalf of the said respondents/plaintiffs.

2. Heard learned senior counsel for the petitioner.

3. This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the order dated 19.06.2018 passed by learned Sub Judge-V, Aurangabad in Partition Suit No. 26/2018/(4/2018) whereby and whereunder petition filed by the petitioner under Order 1 Rule 10 (2) and Section 151 of C.P.C. seeking impleadment as defendant was rejected.

4. Plaintiffs/Respondent 1st set filed a partition suit bearing Partition Suit No. 26/2018 (4/2018) seeking relief to grant a preliminary decree with respect to 1/3rd share of plots of suit land and carved out separate takhta of the same to plaintiffs by appointing of survey knowing Pleader Commissioner and to declare right, title and interest of plaintiffs over the land given in Schedule-II of the plaint.

5. The case of the plaintiffs is that Abdul Nasib was Khatiyani Raiyat and ancestors of the plaintiffs and defendants. The geneal