V. KRISHNAMURTHY Vs. H.V. NAGARAJ

JUDGEMENT

(1.) Aggrieved by the order dtd. 23/5/2023 passed on I.A.No.2 in Execution Case No.1335/2021 by the XI Additional City Civil & Sessions Judge, Bengaluru City, the objector therein has preferred this Civil Revision petition.

(2.) The Decree Holder filed O.S.No.4659/2014 on 23/6/2014 against the Judgment Debtor for the relief of specific performance in respect of the suit schedule properties. The cause-title of the original suit reads as under:-

(3.) The pleadings in the original suit reveal that defendant had executed a General Power of Attorney in favour of his Power of Attorney Holder for a consideration and that the plaintiff had entered into an agreement of sale in respect of the suit schedule properties with the defendant as well as his General Power of Attorney Holder and had paid the entire sale consideration in favour of the General Power of Attorney Holder. However, while filing O.S.No.4659/2014, the plaintiff has made the defendant represented by his General Power of Attorney Holder alone a party to the suit and he has not made his General Power of Attorney Holder a party to the suit separately as another defendant. Hence, irrespective of the pleadings made in the body of the plaint, the suit has to be considered as one filed by the plaintiff against the defendant.