JUDGMENT :

S.K. Mishra, J. - The simple question which arises in this case is if the Petitioner's application under Order 1, Rule 10 of the Code of Civil Procedure, 1908, hereinafter referred as the 'Code' for brevity, has been erroneously rejected by the Civil Judge (Senior Division) in a INTST Misc. Case filed u/s 372 of the Indian Succession Act, 1925, hereinafter referred as the 'Act' for brevity.

2. Sashimani Das, opposite party No. 1 filed an application u/s 372 of the Act impleading opposite parties 2 and 3 as opposite parties, inter alia, pleading that they are the only legal heirs of Late Gokulananda Das and, therefore, a Succession Certificate should be issued in their favour. In that proceeding, a petition was filed by the present Petitioner on the ground that he is the elder brother of the said Gokulanand Das and the opposite party No. 1 is not wife of the deceased and the opposite parties 2 and 3 are not his children. Such petition was taken up for consideration and disposed of by the learned Civil Judge (Senior Division), Kendrapara as per order dated 21-07-2006. While disposing of such application for addition of parties as an intervener, learned Civil Judge (Senior Di