( 1 ) THIS is an application under Article 227 of the Constitution of India directed against an order dated 15. 1. 94 passed in Title Suit No.-23/1994 by the learned Additional District Judge, 8th Court, Alipore.

( 2 ) THE facts leading to this revisional application are, in short, as follows :-"the dispute arises out of Partition Suits. The subject matter of the suit i. e. the suit property stands in the name of Samaresh Mohan Ghosh and Nikhilesh Mohan Ghosh in equal share as per the Deed of Purchase. Now, Samaresh filed Title Suit No. 23/1994 against Nikhilesh for partition of his half share. On the other hand, Nikhilesh as plaintiff filed another Suit No. 53/1994 for partition against Samaresh through the constituted Attorney namely Muktesh Mohan Ghosh-the elder brother against Samaresh and this Muktesh also as constituted Attorney filed written statement in Title Suit No. 23/1994 filed by Samaresh as plaintiff. Now, this Muktesh and other filed an application under order 1 Rule 10 of the CPC for his addition and the addition of his four sisters to the Suit as parties on the ground that the suit property was the property of their father-Late Tripura Binode