JUDGMENT :

Indrajit Mahanty, J. - In the present writ application the Petitioner namely Binod Bihari Singh has sought to challenge an Order Dated 5.1.2007 passed by the Learned Civil Judge (Junior Division), First Cuttack, Cuttack in C.S. No. 37 of 2005 rejecting his application for intervention under Order 1, Rule 10 C.P.C.

2. Civil Suit No. 37 of 2005 has been filed by Opp. Party No. 1- Cuttack Madhu Baisya Bhadraki Gudia Samiti, wherein prayer has been made for eviction of the Defendants (tenants) from the suit schedule property namely, Indumati Rath and Sanjaya Rath who were Defendants 1 & 2. It is further stated that Indumati Rath has in the meanwhile passed away leaving behind her adopted son, Sanjaya Rath (Defendant No. 2) as her only legal heir/successor.

3. The intervener-Petitioner claims that he is a close friend of Defendant No. 2 and was closely associated with Defendant No. 1 (since deceased). Since Defendant No. 2 was residing at Bhubaneswar and Defendant No. 1 was residing at Cuttack, the Petitioner who lives at Cuttack claims to have come forward and treated Defendant No. 1 as his mother and claims that Defendant No. 1 treated the Petitioner like her son, and therefor