Code of Civil Procedure, 1908–Order 1, Rule 10 & Order 23, Rule 1(5)–Partition proceedings–Application under Order 1, Rule 10 by grandsons seeking own impleadment asserting that a will was executed in favour of applicants by their grandfather–Application would not be governed by the provisions of Order 23, Rule 1(5)–Even if it is treated that the application will be governed by the provisions of Order 23, effect of withdrawal of application by two applicants out of three in presence of their common counsel would be that the application filed by the appellant also stood withdrawn.
