JUDGMENT :

A. Pasayat, Acting C.J.

1. Petitioner's application for being impleaded as a party to the suit (T.S. No. 27 of 1997) pending before learned Civil Judge, Senior Division, Titilagarh, in terms of Order 1. Rule 10, read with Section 51 of the Code of Civil Procedure, 1908 (for short, "the Code") having been turned down by him, and the order of rejection having been upheld in revision by the learned Additional District Judge, Titilagarh, this writ petition has been filed.

2. Ram Chandra Jain, the original plaintiff, who was the father of opp. parties 1 to 11, filed the aforesaid suit for recovery of the suit land by ejecting the defendant Hanuman Prasad Agarwal from the suit house. Description of the suit house is given in the Schedule to the plaint. While the suit was being heard, an application was filed by the present petitioner, styled to be one under Order 1, Rule 10, read with Section 51 of the Code, with a prayer to implead him as defendant No. 2 in the suit. His stand was that his father Radheshyam Agarwal was a partner in a partnership form along with Hanuman Prasad Agarwal. Late Ram Chandra Jain, the original plaintiff had negotiated with Hanuman Prasad Agarwal and Ra