SMT. JAYALAKSHMI Vs. MR. VENKATESH REDDY

JUDGEMENT

(1.) In O.S.No.1245/2011 filed by the petitioners to pass a decree of partition and separate possession, I.A.No.6 was filed on 15.07.2014, under Order 1 Rule 10 of CPC, to permit impleading of respondent No.17 herein, as defendant No.17, on the ground that he has purchased 7 guntas of property in item No.4 of the plaint schedule properties and his non -impleading at the time of institution of the suit was due to inadvertence. It was submitted that the proposed defendant is a necessary and proper property to the suit. The said application having been dismissed by the trial court on 21.08.2015, this petition was filed by the plaintiff.

(2.) Learned advocate for the petitioners contended that the Court below has committed material error and illegality in dismissing I.A.No.6. According to the learned advocate there is improper consideration and the impugned order suffers from the material infirmity. Learned counsel submitted the impugned order being erroneous and illegal, there is need for interference.

(3.) Perused the record and considered the submissions made on behalf of the petitioners.