1. REJECTION of an application under Order I Rule 10, Civil Procedure Code (hereafter the Code) filed by the petitioners, seeking their impleadment as additional defendants in T.S. No.94 of 2000, by the learned Civil Judge (Senior Division) 8th Court at Alipore is questioned in this application under Article 227 of the Constitution.

2. T.S. No.94 of 2000 is a suit for declaration and injunction instituted by the opposite party no.1 against the opposite parties 2 to 13 in respect of a property situate on 37/1 Diamond Harbour Road, Kolkata " 700027 (hereafter the suit property).

The antecedent facts leading to filing of the application under Order I Rule 10 of the Code may be noted. There has been a long standing dispute between the parties to the suit, the origin whereof relates back to the times of their respective predecessor-in-interest during the fifties of the earlier century. It is unnecessary for a decision on this application to trace as to how right, title and interest in respect of the suit property, if at all, devolved on the opposite parties. Suffice it to note that a suit was instituted by the opposite parties 2 to 13 against the opposite party no.1 in respect