R.D. Kothari, J.

1. The present petition is filed challenging the order passed below Exh. 36 in Regular civil Suit No. 865 of 2010 by 12th Additional Senior Civil Judge & Additional C.J.M., Vadodara on 18.02.2013. By the said order, the learned Judge was pleased to allow the respondent No. 5's application to join him as a party. Heard the learned Advocate Mr. P.R. Thakkar for the petitioner, Mr. Jitendra Malkhan, learned Advocate for respondent No. 5 and Mr. S.P. Majmudar, learned Advocate for the respondent No. 1 to 4.

2. The brief relevant facts are thus; one Savitaben had purchased the suit land by executing a registered sale deed on 28.05.1980. She had executed a Will in favour of the present petitioner on 20.03.1990. She passed away on 13.05.1990. Pursuant to the Will made in favour of the petitioner, the petitioner's names were mutated in revenue record after issuing of notice to the LRs of deceased Savitaben. Thereafter, the present petitioner had sold the suit land on 21.01.2010 to one Rashmikant Jayashankar Bhatt and Chaital Rashmikant Bhatt by executing a registered sale deed. Name of the purchasers were mutated in the revenue record. LRs of deceased Savitaben had i