JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 16.4.2015 passed by the learned 1st Additional Civil Judge (Sr. Divn.), Bhubaneswar in C.S. No.631 of 2013 vide Annexure-6. By the said order, learned trial court rejected the application of the defendants under Order 1 Rule 10 C.P.C. to implead the purchasers as well as the daughter and son of defendant no.3 as defendants.

02. The opposite party as plaintiff instituted the suit for partition, declaration that the ‘B’ schedule property is the joint family property and permanent injunction impleading the petitioners as defendants. Pursuant to issuance of summons, two written statements had been filed, one by defendant nos.1 and 2 and another by defendant nos.3 & 4 refuting the allegations made in the plaint. The defendants have challenged the maintainability of the suit on the ground of non-joinder of necessary parties. While the matter stood thus, the defendants filed an application under Order 1 Rule 10 C.P.C. praying, inter alia, to implead the transferees and daughter and son of defendant no.3 as defendants. No objection was filed by the plaintiff. Learned trial court came to hold that the application filed by the de