JUDGMENT :

B.N. KARIA, J.

1. Rule returnable forthwith. Learned advocate Ms. Shivani Trivedi waives service of notice of rule for and on behalf of respondent No. 3.

2. By preferring this petition, petitioner has requested to quash and set aside the order dated 16.01.2020 passed by the learned 2nd Additional Senior Civil Judge, Gandhinagar in Special Civil Suit No. 171 of 2006.

3. Short facts of the present case may be referred as under:

The plaintiff filed a civil suit against the defendant Nos. 1 and 2 for cancellation of the sale deed executed by the defendant No. 2 in favour of the defendant No. 1 by forging the power of attorney of the plaintiff as per the contention made in the plaint. As per further contention of the plaintiff in the year 2018, entire evidence was over and even arguments were also heard but anyhow judgment was not delivered and the third party namely Rameshbhai Jesangbhai Chaudhary made an application to join him as a necessary party to the court proceedings. Reply was filed by the present petitioner/plaintiff vide Exh.104 by contesting the said application. The trial court was pleased to pass an order below Exh.101 allowing the third party to be joined under Orde