Madhavan Nair, J.

1. This is an application to set aside the order of the District Munsif of Palamcottah in O.S. No. 62 of 1927 making the respondent a party to the suit. The plaintiff in the suit is the petitioner. She sued defendants 1 to 4, 5 and 6 on a mortgage bond executed by defendants 1 to 4. Defendants 5 and 6 had purchased some items of the property and had agreed to pay up a portion of the mortgage amount. The respondent intervened by filing a petition in which he stated that he was the adopted son of the plaintiffs husband and that the mortgage deed sued on really belonged to him and that the plaintiff was only a name-lender. On these facts he requested that he should be made a party to the suit. The learned District Munsif, stating that the truth of the allegations could be gone into at the trial of the suit, made him a party and in framing the issues raised the question of the respondents adoption as a point for decision.

2. It is argued that in the circumstances of this case the learned District Munsif should not have made the respondent a party to the suit. The provision of law that gives the Court power to add any one as a party to a suit, is contained in Ord