Code of Civil Procedure, 1908–Order 1, Rule 10–Partition proceedings–Application for impleadment as party on the ground of will executed by grandfather S in favour of applicants–Two applicants out of three withdraw the application and, thereafter, the decree was passed on the ground of compromise–Application of appellant remained undecided–Effect–Grand father S was the party of suit and nobody had moved application for own substitution after his death–Instant application was filed after four years and six months of his death–Father of appellant was instrumental in getting the application under Order 1, Rule 10–He consented to get the mutation entry in terms of compromise decree–Appellant kept himself aloof and absent at the time of passing of the compromise decree–Further, the application was barred by limitation–Application is found misconceived and malafide–Dismissed.
