( 1. ) THE plaintiff Durga Prasad filed a civil suit in the Court of the IIIrd Additional District Judge, Jabalpur, under section 8 of the Madhya pradesh Public Trusts Act, 1951 for a declaration that the entry No. 305 in the register of Public Trusts was void and that the house in suit did not belong to any public trust. The suit has been filed against the Registrar of Public Trusts, jabalpur and the State of Madhya Pradesh as defendants. In this suit, the applicant Baijnath made an application under rule 10 of Order 1 of the Code of Civil Procedure for being added as a party defendant to the suit on the ground that he was a necessary or, at least, a proper party because-

(i) the Registrar had given his finding under section 6 of the Act on an inquiry initiated at his instance,

(ii) his presence would be necessary for adducing evidence against the contentions of the plaintiff,

(iii) he was a person interested in the trust and had moved an application to the Registrar for the registration of the trust, and

(iv) his presence would be necessary for a decision of the matters in controversy in the suit.

( 2. ) THE application was opposed by the plaintiff, and the trial Court d