ORDER : 1. Leave granted. 2. This is a case where the appellant had filed an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (for short, the CPC) praying to be impleaded as defendant No.2, in a suit for partition and separate possession, filed by respondent No.1 herein. While the Trial Court allowed the said application, the High Court, vide the impugned judgment, has set aside the order of the Trial Court. Aggrieved by the same, the appellant is before us. 3. We have perused the impugned judgment. What is required to be considered while dealing with an application under Order 1 Rule 10 of the CPC, is as to whether a party is a necessary and proper party for adjudication. Discretion is given to the Court to decide the said fact, for which even an application is not required. In other words, the discretion given is to facilitate the Court to arrive at the correct decision. 4. The High Court, in our view, has gone into the merits of the case, which ought not to have been done, while dealing with an application under Order 1 Rule 10 of the CPC. 5. In such view of the matter, the impugned judgment stands set aside. The order passed by the Trial Court stands restored and the appellant is arrayed as Defendant No.2 in the suit. 6. The appeal stands allowed, accordingly. All issues are left open. Pending application(s), if any, shall stand disposed of.