JUDGMENT :

Dr. A.K. Rath, J.

Aggrieved by and dissatisfied with the order dated 23.3.2001 passed by the learned Civil Judge (Sr. Divn.), Bhadrak in Original Suit No.36/1970-I vide Annexure-1, the instant application has been filed under Article 227 of the Constitution. By the said order, learned trial court rejected the application filed by the petitioner under Order 1 Rule 10, C.P.C. for impleadment of party.

2. Bereft of unnecessary details the short facts of the case are that Rabinarayan Samal, the father of opposite party nos.1 and 2, laid Original Suit No.36/1970-I in the court of learned Civil Judge (Sr. Divn.), Bhadrak for partition. The preliminary decree was passed in the suit on 6.9.1975 declaring the shares of the plaintiffs and the defendants. Since the parties could not partition the property amicably, final decree proceeding was initiated. In the said proceeding, the present petitioner filed an application under Order 1 Rule 10, C.P.C. to implead him as a party. It is stated that on 29.12.1975, Rabinarayan Samal, plaintiff, executed a registered sale deed of an area of Ac.0.08 dec. out of Ac.0.10 dec. appertaining to Khata No.372, Plot No.3592 of mouza-Barala Pokhari,