1. The petitioners are defendants 1 and 2 in O.S.No.4434 of 2000 on the file of the XII Assistant Judge, City Civil Court, Chennai. The first respondent filed the suit for Partition and separate possession of 1/5th share in the A and B Schedule properties. Pending trial of the suit, at the instance of the defendants 5 to 7 to implead them in the suit, who are sons of the plaintiff, as parties to the suit, they were impleaded as such. The application for impleading them as defendants 5 to 7 was strongly opposed by him and the same was dismissed on merits and the revision, challenging the said order was allowed by the High Court. Presently, they are ranked as defendants 5 to 7. The first respondent/plaintiff filed an application under Order 1 Rule 10 of C.P.C. to transpose the defendants 5 to 7 as plaintiffs 2 to 4 alleging in the affidavit that he purchased the suit properties benami in their names. As defendants 5 to 7 are his sons, the petitioner has not claimed any relief against them and they want to engage same advocate to protect their interest. Hence the petition may be allowed.

2. In the counter filed by the respondent No.1 and 2, it is stated that unless the plainti