JUDGMENT

S. PANDA, J. : Petitioner in this petition has challenged the order dated 21.9.2013 passed by learned Civil Judge (Sr. Divn.), Kendrapara in C.M.A. No.351 of 2013 arising out of C.S. No.350 of 2004 allowing an application under Order, 9 Rule, 5 read with Section 151 of the Code of Civil Procedure filed by the opposite party No.1 to set aside the order dated 2.3.2009 passed by the Court below in the aforesaid suit.

2.The facts leading to the aforesaid suit-as reveals from the record that opposite party No.1 as plaintiff filed the suit impleading the present petitioner as defendant No.3 for declaration that Regd. Sale Deed No.2052 dated 23.5.2002 is illegal, fraudulent and void and for permanent injunction and other consequential relief. In the plaint plaintiff has given a genealogy which reveals that plaintiff and defendant Nos. 3 to 10 are sons and daughters of Dhruba Sahoo and defendant Nos.1 and 2 are son and wife of defendant No.3. The plaintiff inter alia alleged that the property was purchased by Dhruba in the name of his wife. However after death of Dhruba his wife Radhamani alienated the property in the name of defendant No.1 in the year 2002. He further alleged that