The revision petition is directed against un-numbered I.A., which is filed under Order 1 Rule 10(2) CPC to implead the proposed parties who are the legal heirs of the deceased 29th defendant in the suit. As the application is filed under Order 1 Rule 10(2) CPC, the same was returned directing the counsel to file it under Order 22 Rule 4 CPC. The said return is now challenged in this revision petition. When the application is maintainable only under Order 22 Rule 4 CPC, the application filed under Order 1 Rule 10(2) CPC is not entertainable. Accordingly, liberty is granted to the revision petitioner to amend the provision of law and file appropriate application. When once such application is filed, the learned Sub-Judge, The Nilgiris, Ootacamund is directed to number the same, if the same is otherwise in order. With this direction, the revision petition is disposed of. No costs.
12.01.2017 cs Copy to The Subordinate Judge, The Nilgiris, Ootacamund.
PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.77 of 2017 12.01.2017 http://www.judis.nic.in