1. In Special Civil Suit No.130 of 1995 pending on the file of learned Senior Civil Judge, Surat, the third party have preferred application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 at Exh.822 to join them as a party defendant in the suit. This application has been allowed by the learned Senior Civil Judge, Surat vide order dated 9.10.2018 and permitted the third party to join as party defendant in the suit.

2. Feeling aggrieved by and dissatisfied with the said order, the petitioners / plaintiffs approached this Court by way of this petition.

3. Learned advocate Mr. Nachiket Dave appearing for the petitioners would submit that though cause list shows that most of the parties are not served or expired, but in reality, all the parties to the dispute are served, which can be noticed from the order dated 5.3.2019.

4. Brief facts of the case are as under:-

4.1 The petitioners herein are the original plaintiffs in Special Civil Suit No. 130 of 1995. The said suit is preferred by the present plaintiffs for partition of Hindu Undivided Family and also for getting the accounts of properties of the HUF, which was doctrine by Shri Somabhai Kanjibhai, who was the eld