JUDGMENT :

1. Rule. Mr.Abhishek Mehta, learned advocate waives service of notice of Rule for and on behalf of the respondent no.1.1, Ms.Megha Chitaliya, learned AGP waives service of notice of Rule for and on behalf of the respondent no.3-State and Mr.Devang Vyas, learned Additional Solicitor General of India waives service of notice of Rule for and on behalf of respondent no.2.

2. The petitioner, who is the proposed defendant in Special Civil Suit No.12 of 1970, has challenged the order passed by the learned Principal Senior Civil Judge, Danta on application below Exh.169 dated 19.09.2019, whereby the learned Judge rejected the application filed by the present petitioner under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC” for short) for impleading the petitioner through its trustees as party defendants in the suit.

3. Short facts leading to the filing of the present petition can be summarized as under:

3.1 As per the submissions of the petitioner, they are the trustees of the trust. The original plaintiff i.e. respondent no.1, on 05.10.1948, entered merger agreement with Governor General of India. As per the agreement, Article 3 of the m