1. Smt. Rajlaxmi Devi before her death had executed a will. She had bequeath all her immovable properties in favour of the two petitioners, her close relatives. One Sri Nirmal Kumar Chattaraj was appointed as executor. The will was duly registered. The executor died on December 15, 1986 before he could apply for grant of probate. The petitioners being the beneficiaries of the said will applied for grant of letters of administration, giving rise to Misc. Case No. 87/2001 which is pending consideration before the learned Civil Judge, Lalbagh, Murshidabad. In the said Misc. Case, the petitioners impleaded the opposite parties 1 and 2 as well as opposite parties 4 and 5 as respondents. After service of process, they have entered appearance but have not filed their respective objections to the application for grant of letters of administration.

2. On or about February 17, 2003, the opposite party no.3 filed an application for addition of party under Order I Rule 10(2) of the Civil Procedure Code (hereafter the Code) read with Section 151 thereof praying for his impleadment as respondent in the said misc. case. It was alleged therein that he had acquired some interest in the es