Jayant Nath, J.

1. By the present petition filed under Section 115 read with Section 151 CPC, the petitioner seeks to impugn the order dated 25.10.2016 by which his application filed under Order 1 Rule 10 CPC was dismissed.

2. The present suit is filed by the plaintiff/respondent No.1 for possession, recovery, damages and mesne profits. It is contended in the plaint that the property was purchased by Sh.Naresh Chand Gupta. The property was occupied by various tenants/trespassers. It is further stated that defendants/respondents No.2 to 5 are the trespassers in the property. Respondent No.1/plaintiff claims title through alleged Will and Power of Attorney which is said to have been executed by Sh.Naresh Chand Gupta measuring for area 150 sq.yds. in his favour. Hence, the suit for possession.

3. The petitioner has moved this application under Order 1 Rule 10 CPC claiming that he is the actual owner of the entire property by virtue of a registered Will and General Power of Attorney dated 30.01.1999 executed by Sh.Naresh Chand Gupta. Hence he seeks impleadment by stating that he is the necessary and proper party.

4. The trial court by the impugned order dismissed the said applica