( 1 ) ). The petitioner has by this C. R. A. challenged the legality and validity of the order passed below Exh. 19 in R. C. S. No. 474 of 1991 by the Civil Judge (J. D.), anand. The application is given under Order 1, Rule 10 C. P. Code for impleading the present petitioner as party-defendant on the premise that the present petitioner- navnitbhai Patel has by agreement to sell, dated 21-1-1991 agreed to purchase the parcel of land admeasuring 3 acres at a price of Rs. 60 lacs out of which he has paid amount of Rs. 5 lacs as earnest money. The said agreement is admittedly entered into with Patel Ambalal Kalidas-respondent No. 2 herein who is the father of respondent Nos. 3 and 7. The execution of agreement to sell is not in dispute before this Court.

( 2 ) ). It appears that thereafter Patel Rameshbhai Ambalal present respondent No. 1 instituted R. C. S. No. 474 of 1991 in the Court of Civil Judge (J. D.), Anand for partition of joint family properties wherein he impleaded his father - Patel Ambalal kalidas as defendant No. 1. The parcel of land in dispute is bearing S. No. 71 admeasuring 20 acres and 24 gunthas situated at Anand-Vidyanagar Road. The agreement to sell