JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 23.12.2014 passed by the learned Civil Judge (Sr. Divn.), Balasore in C.S. No. 595 of 2012, whereby and whereunder the learned trial court allowed the application of the intervenor and impleaded as defendant no.2 in the suit.

2. The petitioner as plaintiff instituted the suit for Specific Performance of Contract impleading the opposite party no.1 as defendant. While the matter stood thus, the opposite party no.2 filed an application under Order 1 Rule 10 C.P.C. for impleadment. It is stated that there was an oral agreement between his father and the defendant on 10.10.1995, pursuant to which the defendant is received a part consideration. After death of his father, the defendant had agreed to execute the sale deed in his favour on 25.1.12. The plaintiff filed objection to the same. Learned trial court came to hold that the intervenor has interest in the subject matter of dispute. Held so, learned trial court allowed the application.

3. Heard Mr. N. Panda-1, learned counsel for the petitioner. None appears on behalf of the opposite parties in spite of valid service of notice.

4. The sole question that hinges for considerat