ORDER:- The present application under Section 115 of the Code of Civil Procedure has been filed against the order dated 5-3-1973 passed by the learned Munsiff by which he rejected the petitioners prayer to be impleaded as a party defendant in Title Suit No. 32 of 1969.

2. The petitioners case is as follows. In 1957 the State of Assam acquired the properties of Gauripur Raj Estate under the provisions of the Assam State Acquisition of Zamindaries Act, 1951 and the jote of 400 bighas 1 katha 15 dhurs of land, which was khas land of the Gauripur Raj Estate, vested in the State of Assam with effect from 14-4-1957. The petitioner along with some others became tenants under the State of Assam in respect of the areas in their occupation on payment of full rent for their respective holdings. One of the joint settlement holders namely Rajen Guha, having died the petitioner partitioned his share of 61 bighas 10 kathas 10 dhurs of land from the joint holding by a suit and coupled with his individual holding of 21 bighas 6 kathas 11 dhurs, the petitioner came to hold and possess 82 bighas 17 kathas 1 dhur of land under the State of Assam on payment of rent. Out of these lands, about 13