ORDER :- Plaintiff-opposite party No.1 Krishna Kant Shukla filed a suit in the Court of the Civil Judge, Lucknow against opposite parties 3 to 5 in respect of certain property situated in the city of Lucknow alleging that they are the co-sharers of this property and claiming determination and declaration of their shares and a decree for partition. During the pendency of the suit Krishna Kant Shukla, the present petitioner, filed an application before the Civil Judge on 11-9-1967 under Order 1, Rule 10, Code of Civil Procedure for being made a party-defendant to the suit on the ground that he was a co-sharer in the disputed property. No orders were passed on this application by the Civil Judge and while it was pending on 2-6-1969 the parties to the suit, namely, opposite parties 1 to 5 came to a private settlement and filed a compromise which was accepted by the Court and a decree in terms of the compromise was ordered to be prepared. It is against this order of the Civil Judge that the present revision has been filed.

2. Learned counsel for the petitioner raised one short point. It was argued that the trial Court was bound, having regard to the nature of the suit, to dispose of firs

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