JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 4.8.2016 passed by the learned Civil Judge (Senior Division), Nilgiri in C.S. No.1 of 2016. By the said order, learned trial court rejected the application of the petitioners under Order 1 Rule 10 CPC for impleadment.

2. Opposite party nos.1 and 2 as plaintiffs instituted the suit for declaration that the suit property is the exclusive property of the plaintiffs and permanent injunction impleading the State of Orissa-opposite party no.3 as sole defendant. Case of the plaintiffs is that due to wrong preparation of ROR and the map in the major settlement, the suit land has been recorded as public road. When the defendant threatened to demolish the boundary wall, they instituted the suit. While the matter stood thus, the petitioners, who are the villagers, filed an application under Order 1 Rule 10 CPC for impleadment. It is stated that they are the permanent inhabitants of village Rajnagar and Sankhua. They came to know that the plaintiffs have instituted the suit against the defendant without complying the provisions under Order 1 Rule 8 CPC by suppressing the material facts. The suit land is a public road and, as such,