SINGAMSETTY CHIKALA RAMANNA Vs. SINGAMSETTY SARASWATHAMMA

JUDGEMENT

(1.) The revision petitioner-3rd respondent filed this Revision Petition as against the order made in I..A. No.460/94 in I..A. No.339/93 in O.S. No. 117 of 1971 on the file of the Subordinate Judge, Gooty.

(2.) The application I.A. No.460/94 was filed by the respondent Nos.1 to 4 herein under Order I Rule 10 CPC praying to implead them as respondents 45 to 48 in the final decree proceedings in I.A. No.339/93 in O.S. No.117 of 1971 on the file of the Subordinate Judge, Gooty.

(3.) The application was filed to implead the aforesaid parties in the final decree proceedings since R-11, the husband of R-1 and father of R-2 to R-4 died and in the absence of those parties there cannot be effective representation and the matter cannot be adjudicated upon. The 3rd respondent alone, in the Court below, had filed a counter raising an objection that an application filed to bring on record the legal representatives of R-11 under Order I Rule 10 CPC is not maintainable in law and the legal representatives can be brought on record only under the provisions of Order XXII Rules 3 and 4 CPC and not under Order I Rule 10 CPC. The Court below, after hearing the parties at length, had allowed the said application and aggrieved by the said order the present revision is filed.