Wadsworth, J.

1. This petition arises out of an order dismissing an application under Order 1, Rule 10 of the Code of Civil Procedure to add the petitioner as party to a mortgage suit. The mortgagee was a deceased person whose property was claimed by an alleged adopted son. The present petitioner challenged the validity of the adoption and claimed himself to be entitled to the properties of the deceased mortgagee. There was a suit to declare that the adoption was invalid. This suit was compromised in 1934, the result being that the right of the present petitioner was recognised as to one half of the properties and the right of the adopted son to the other half. There was also a subsequent partition suit to divide the properties as a result of which the present mortgage was to be shared equally between the two. However, in 1936 the adopted son purported to assign the suit mortgage to the plaintiff as if he was solely entitled thereto. The plaintiff brought a suit on the mortgage ignoring the claim of the present petitioner to a half-share therein. The suit was filed in 1936, and while the suit was pending the present petitioner applied to be brought on record as a party to th