1. The present application under Article 227 of the Constitution is at the instance of original plaintiff No.2 of Regular Civil Suit No.4400 of 1987 instituted in the Court of City Civil Judge at Ahmedabad challenging the legality and validity of order dated 10/03/2004 passed by the Aux. Cham. Judge, Court No.16, Ahmedabad below Exh.121 in Reference No.6 of 1998 in Civil Suit No.4400 of 1987.

2. The question of law which falls for my consideration in this application under Article 227 is as under:

“Whether the Court in exercise of powers under Order 1, Rule 10 of Clause (2) of Code of Civil Procedure can implead a party in a suit for partition of property after preliminary decree for partition is passed and before the final decree is drawn and further whether such a party impleaded after the preliminary decree can be joined as co-plaintiffs?”

3. The facts relevant for the purpose of deciding this petition can be summarized as under:

4. Petitioner herein preferred Civil Suit No.4400 of 1987 as a power of attorney of her late father, Ishakbhai Abdul Kadarbhai Rupawala for partition of undivided properties in metes and bounds as per the Shia Law and also for rendition of the