JUDGMENT

S. PANDA, J. : Challenge has been made in this writ petition to the order dated 30.10.2008 passed by the learned Civil Judge (Junior Division), Nimapara in C.S. No.157 of 2007 allowing the application filed by the present opposite parties 2 to 6 under Order 1 Rule 10 of the Civil Procedure Code to implead them as defendants in the suit.

2. Before proceeding with the contentions raised by the parties which are pleaded in the record, the following facts of the case are to be stated:

The petitioners as plaintiffs filed the aforesaid suit for declaration of their occupancy right over the suit land, alterna¬tively declaration of title by way of adverse possession, perma¬nent injunction along with other reliefs. They further pleaded that the disputed land was the ex-intermediary estate of late Raybahadur Lokanath Mishra of Markendeswar Sahi, Puri. The suit land was fallow and non-productive land and its status was Anaba¬di. One Shayam Swain who was a settled rayati of village Bamera approached the ex-landlord to grant him lease in respect of the suit land under Sabik Khata No.105. The ex-landlord granted him lease in respect of Ac.1.20 decs. in Sabik Plot no.423 and Ac.1.50 decs