JUDGMENT :

Dr. A.K. Rath, J.

This petition challenges the order dated 11.04.2016 passed by the learned Civil Judge (Sr. Divn.), Athagarh in C.S. No.24 of 2016, whereby and whereunder the learned trial court allowed the application under Order 1 Rule 10 CPC and impleaded the tenant of the plaintiff as defendant.

2. Opposite party no.1 as plaintiff instituted the suit for partition impleading the petitioner as well as opposite party nos.3 to 15 as defendants. While matter stood thus, the plaintiff filed an application under Order 1 Rule 10 CPC to implead the tenant over the suit premises as a party. The defendant nos.1, 2, 5 & 6 filed objection.

3. Learned trial court has assigned the following reasons and allowed the application:-

“The plaintiff wants to implead Bidyadhar Barik as one of the defendant in this case, since he has occupied the house over the suit land on the basis of rent. The citation relied by the counsel for the defendant has no applicability to this case as because in the case reported in 99(2005) CLT 452 the petition under Order 1 Rule 10 CPC was rejected and on the admission of the defendant nos.1 & 2 in their written statement and on other ground the Hon’ble Court ha