KORADA SIREESH Vs. PATRUDU RAMAKRISHNA

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 227 of Constitution of India this revision is filed by the sole defendant in the suit whose application to implead a third party/respondent herein was negatived by the learned trial Court.

(2.) Respondent No.1 herein is the plaintiff in the suit.

(3.) O.S.No.34 of 2016 is a suit filed before Spl.Judge for Trial of cases under SCs and STs (POA) Act-cum-Additional District Judge, Srikakulam, wherein the plaintiff sought for permanent injunction against the defendant and his men from alienating the remaining parts of the plaint schedule property and for costs and such other reliefs. The sole defendant in the suit filed his written statement. Suit went for trial. During the pendency of the said trial, defendant in the suit filed I.A.No.321 of 2017 under Order I Rule 10 C.P.C. to implead Sri Sadhu Ramana Murthy as one of the defendants and array him as defendant No.2 in the suit and direct the plaintiff to amend the plaint accordingly. This impleadment is necessary in the ends of the justice. To that application of the defendant, plaintiff who was shown as respondent No.1 filed his counter. The proposed party made appearance and filed his counter. On enquiry, by the impugned Order dtd. 5/12/2017, the learned Additional District Judge, dismissed the petition. It is against that Order the present revision is filed.