JUDGMENT

A. S. NAIDU, J. — The order dated 12.3.2004 passed by the learned Civil Judge (JD), Bhadrak in T.S. No.6 of 1998-I/383 of 2001 rejecting a petition filed under Order 1, Rule 10 read with Section 151 CPC is assailed by the petitioners seeking to be impleaded as parties to the Tile Suit.

2. As the records reveal, the aforesaid Tile Suit had been filed by present opposite party No.1 inter alia praying for partition of the suit land. Present opposite party No.3 who is defendant No.2 in the said suit filed his written statement taking the stand that he has sold the suit land to petitioner No.1 and another Smt. Brajarani Das by means of a registered sale deed dated 11.9.1998 and has delivered possession thereof to them and they are possessing the same peacefully. It was alleged that after filing his written statement, opposite party No.3 was exhibiting no interest to contest the suit. Therefore apprehend¬ing great prejudice and irreparable loss to her, petitioner No.1 prayed before the Court below under Order 1, Rule 10 read with Section 151 CPC to implead her to protect her right to the suit property. The said petition was strongly resisted by opposite party No.1 who is the pla