DEVINENI TIRUPATHIRAYUDU Vs. SURAPANENI SURAMMA

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 1, Surapameni Suramma, who is now represented by legal representatives, filed suit for partition and separate possession of half share in some of the properties enumerated in Schedules A and B to the plaint. Defendant No. 4 - Devineni Rupanarayanarao got himself impleaded as part to the suit by filing an application under Order 1 Rule 10 of the Code of Civil Procedure (CPC).

(3.) During the pendency of the suit, some of the defendants died and their legal representatives were brought on record. Defendant No. 4 also died on 20.6.1992 but his legal representatives were not brought on record and without even bringing this fact to the notice of the trial Court, the plaintiff (respondent No. 1 herein) and defendant Nos. 2, 6, 7 and 13 filed a compromise petition under Order 23 Rule 3 read with Section 151 CPC and prayed that the suit be decreed in terms of the compromise. In that petition, the plaintiff gave up defendant Nos. 9 to 12 and 14 to 17. By an order dated 30.6.1992, the trial court decreed the suit in terms of the compromise. Soon thereafter, the appellants herein filed two petitions, one under Order 22 Rule 4 read with Section 151 CPC for being brought on record as legal representatives of defendant No. 4 and the other under Order 9 Rule 13 read with Section 151 CPC for setting aside decree dated 30.6.1992. By two separate orders dated 14.9.1992, the trial Court dismissed both the applications. Civil Revisions filed by the petitioners were dismissed by the High Court with liberty to them to pursue other legal remedies.