W.P.(C) No.408 of 2007

22.01.2016

Assailing the order dated 04.01.2007 passed by the learned Civil Judge (Sr. Di

vn.), Balasore in T.S. No.58 of 2002-I, the present petition has been filed under Article 227

of the Constitution of India. By the said order, learned trial court rejected the application

of the petitioners under Order 1 Rule 10 C.P.C. for being impleaded as parties to the suit.

Opposite party nos.1 to 6 as plaintiffs instituted C.S. No.58 of 2002-I in the

court of the learned Civil Judge (Sr. Divn.), Balasore for partition of the suit schedule pro

perty and permanent injunction impleading the opposite party no.7 as defendant. During pendenc

y of the suit, the petitioners filed an application under Order 1 Rule 10 C.P.C. for being imp

leaded as parties to the suit. It is stated that there was an earlier partition on 19.11.1953

and a part of the same fell to their share. Thus, they are the necessary parties to the suit.

The same was opposed by the contesting defendant. By order dated 4.1.2007, learned trial court

rejected the said application.

Heard Mr. Kar, learned counsel for the petitioners and Mr. Swain, learned c