P SHANKAR RAO Vs. AZIZA KHANAM

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of V Senior Civil Judge, City Civil Court, Hyderabad dated 16-10-1999 passed in I.A.No. 1142/96 in O.S.No. 93/92, under which the petition said to have been filed under Order 22 Rule 3 C.P.C. was allowed bringing the District Collector as the 5th defendant as the Legal Representative of the deceased 1st defendant.

(2.) The petition was opposed on behalf of the 2nd defendant in the suit. It was pleaded that the 2nd defendant is in fact the Legal Representative of the deceased 1st defendant, inasmuch as he claims as a beneficiary under a Will deed, interest in the suit properties.

(3.) The learned Judge allowed the petition observing that the Will deed dated 25-7-1996, on the basis of which interest is claimed by the 2nd defendant, was not filed into the Court at all. On this basis, he ordered that impleading of the District Collector as a defendant in the suit would be necessary so that the estate of the deceased 1st defendant is represented in the suit.