JUDGMENT :

A.K. Rath, J.

By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 25.1.2019 passed by the learned Civil Judge (Sr.Division), Balasore in C.S.No.993 of 2017, whereby and whereunder, learned trial court rejected the application of the petitioner under Order 1 Rule 10 CPC for impleadment.

2. This case has a chequered history. The petitioner as plaintiff instituted O.S.No.1 of 1968 in the court of the learned Subordinate Judge, Balasore for partition for carving out his share claiming to be the son of Bipra. According to him, Netra, Saturi, Bikram and Mathuri were the four sons of Ainthu Rout. Netra died leaving behind his widow Chanda. Bipra left behind him. The contesting defendants took a plea that he was the illegitimate son of Chanda, the widow of Netra. Learned trial court decreed the suit. Learned appellate court reversed the same holding that the plaintiff had not been able to establish his case, namely, that he was the son of Bipra. He filed Second Appeal No.209 of 1978 before this Court. By judgment dated 7.3.1986, this Court assigned the following reasons and dismissed the appeal.

"One significant fact that has come to