M.D. Bhatt, J.

1. This is the revision against the trial Court's Order dated 11-12-79 dismissing the intervener Ashok Kumar's application for being joined as a party in the pending Civil Suit No. 114 of 66 Sunnu Khan v. Basai Khan and others.

2. In a suit for declaration and permanent injunction, partition and possession filed by Sunnu Khan (present non-applicant No. 1) against certain members of his family viz. Basal Khan and others (present non-applicants-defendants No. 2 to 5), temporary injunction had been granted against the defendants, restraining them from interfering with the subject matter viz. the properties in suit. The present applicant Ashok Kumar had purchased some of the lands in suit from the defendants Kasimkhan and Subratikhan (non-applicants No. 4 and 5) during the pendency of the suit. Ashok Kumar having, thus, purchased part of the suit lands, filed the application under Order 22 rule 10 CPC for being joined as a defendant in the suit. The petition was opposed by the plaintiff, that Ashok Kumar could cot be joined in the suit, inasmuch as the purchase of the property by him during the pendency of suit was bit by section 52 of the Transfer of Property Act. Th