IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO
CIVIL REVISION PETITION No.5010 of 2007
Between:
Addanki Subba Rao . PETITIONER(S) AND Bhimavarapu Lalithamma and others . RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO
CIVIL REVISION PETITION No.5010 of 2007
ORDER:
Petitioner is the plaintiff who filed this revision under Article 227 of the Constitution of India assailing the correctness of the order purported to have been passed in an application filed under Order XXII Rule 4 C.P.C. seeking to add the legal representative of the deceased 2nd defendant as 6th defendant in the suit.
The only ground on which the application filed seeking to add the legal representative of the deceased 2nd defendant as 6th defendant in the suit came to be dismissed is non-filing of other connected applications, like application to condone the delay in filing the application to add the legal representatives of the deceased defendant and application to set aside the abatement. Admittedly, no such applications have been filed before the Court below. Learned counsel for the petitioner submits that if an opportunity is given the petitioner is prepared to file necessary applications before the Court below.
Having regard to the facts and circumstances of the case, and in view of the submission made by the learned counsel for petitioner, the revision petition is allowed and the order dated 07.09.2007 in I.A.No.575 of 2007 in O.S.No.120 of 2004 on the file of the Principal Junior Civil Judge, Mangalagiri, is set aside and the matter is remitted back to the trial Court for disposal afresh on merits and in accordance with law, after giving opportunity to both sides, on condition of the petitioner filing necessary applications within a period of two weeks from today. It is also made clear that if no such applications are filed within the time prescribed, the order dated 07.09.2007 in I.A.No.575 of 2007 in O.S.No.120 of 2004 on the file of the Principal Junior Civil Judge, Mangalagiri, stands revived. No costs.
B.PRAKASH RAO, J 24th June, 2010 CVRK