THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO.2398 OF 2013 Between:-
Sasanala Rattayya and others.
…Petitioners/Petitioners/Plaintiffs.
And UBK Chits & Investments (P) Ltd., Gandhi Nagar, Vijayawada, Rep.by its Chairman, D.no.14-3-44, Gnadhi Nagar, Ramchander Complex, Vijaywada-10, JCJC and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO.2398 OF 2013 ORDER:
In a suit for recovery of money filed by the plaintiffs, they filed a petition under Order I Rule 10 read with Section 151 of Code of Civil Procedure to add Indian Bank Narasimharaopet, Eluru and Indian Bank, Central Office, Chennai, represented by its respective branch Managers as defendants 6 and 7 in the suit. The Banks were sought to be added as defendants in the suit on the ground that the defendants 3 and 4 were given some blank withdrawal forms by the bank so as to enable them to withdraw the amounts illegally.
The learned trial Court dismissed the petition on the ground that as required under Rule 28 of Civil Rules of Practice, no prayer for consequential amendment of cause of action was made and that the officials who were actually involved in issuing blank withdrawal forms to defendants 3 and 4 were not added as parties.
The learned counsel appearing for the revision petitioners submits that this revision may be disposed of giving liberty to the petitioners/plaintiffs to file a fresh one with all necessary prayers.
The question requires to be decided in the application seeking addition of parties is whether the proposed parties are necessary for proper adjudication of the suit and therefore, this Court is of the view that the petitioner can be given liberty to file a fresh application seeking addition of parties in the suit.
Therefore, the order passed by the IV Additional District Judge (Fast Track Court) Tanuku dated 11-
3-2013 in I.A.No.348 of 2012 in O.S.No.40 of 2009 is set aside granting liberty to the petitioners to file a fresh petition under Order I Rule 10 of Code of Civil Procedure by making necessary prayers.
The Civil Revision Petition is accordingly disposed of. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 5-09-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION NO.2398 OF 2013 Date: 5-09-2014 Shr.