The petitioner is the plaintiff in O.S. No. 116 of 1947 on the file of the Subordinate Judge’s Court of Coimbatore instituted by him for specific performance of an agreement to sell dated 23rd January, 1944, executed by defendants 1 and 2. The 3rd defendant is a subsequent purchaser of the property and has therefore been impleaded. The suit was filed on the 22nd January, 1947 and issues were settled on the 28th August, 1947. The respondents filed I.A. No. 1216 of 1948 for adding themselves as party defendants 4 to 9 and this application was made under Order 1, rule 10, Civil Procedure Code. The allegations in the affidavit in support of the application are that respondents 1 to 5 are the sons of the 1st defendant and that respondent 6 is the son of the 2nd defendant, that in respect of the suit properties they filed O.S. No. 265 of 1947 in the Sub-Court of Coimbatore alleging that the alienations by the 1st and 2nd defendants are not binding on them and for partition and possession of their separate shares. They also state that they had to contend that the agreement will not bind them in so far as they are concerned and that there are good reasons for the success of their d