B.T. MUNICHIKKANNA REDDY Vs. SIDDAPPA REDDY

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the Order dated 31.10.2011 passed in I.A.No.269 of 2011 in I.A.No.166 of 2010 in O.S.No.60 of 2007 by the learned Subordinate Judge, Hosur.Brief facts leading to the filing of the instant revision:

(2.) The petitioners are the defendants 2 to 8 in the suit O.S.No.60 of 2007 pending on the file of the learned Subordinate Judge, Hosur. The suit was filed by one Puttamma against Muniyamma seeking partition of the suit schedule properties. The suit O.S.No.60 of 2007 was dismissed for default on 06.01.2010. I.A.No.166 of 2010 was filed by the Advocate of Puttamma seeking to restore the suit which was dismissed for default on 06.01.2010. Thereafter, I.A.No.269 of 2011 was filed by the respondent claiming to be the sole legal heir of the deceased Puttamma, under Order 1, Rule 10 of Civil Procedure Code seeking to implead himself as second petitioner in I.A.No.166 of 2010. A counter was also filed by the petitioners in I.A.No.269 of 2011 wherein they have contended that I.A.No.269 of 20l1 is not maintainable, since at the time of filing of I.A.No.166 of 2010 by the Advocate seeking restoration of the suit, the plaintiff Puttamma was dead. The Trial Court by its order dated 31.10.2011 in I.A.No.269 of 2011 in I.A.No.166 of 2010 in O.S.No.60 of 2007 allowed the said application.

(3.) Aggrieved by the order dated 31.10.2011 passed in I.A.No.269 of 2011 in I.A.No.166 of 2010 in O.S.No.60 of 2007, the instant Civil Revision Petition has been filed by the petitioners who are the defendants 2 to 8 in the suit.Submissions of the learned counsels: