LAWS(APH)-1986-9-16

MANDALLAPU PITCHAMMA Vs. B GOVARDHAN

Decided On September 23, 1986
MANDALLAPU PITCHAMMA Appellant
V/S
B.GOVARDHAN Respondents

JUDGEMENT

(1.) This revision is filed against the order refusing to implead the potitioner as a party defendant to the suit. The petitioner is the wife of the 1st defendant. The suit is filed by eight plaintiffs against eight defendants., of whom the 8th defendant is the Food Corporation of India. The suit is filed as one for partition and accounts. The 1st defendant filed the written statement and c o n t es t e d the suit. In the plaint the subject-matter of the suit is shown as four godowns, office room house and vacant land situate at Khammam Road, Warangal.

(2.) The petitioner herein filed th I. A. claiming title to the house property, which is the subject-matter of the suit. The court below rejected the application mainly on the ground that it is not bona fide and was filed at a very belated stage.

(3.) In this revision I have heard the learned counsel for the petitioner Sri K. Raghavarao and the learned counsel for the respondent Sri T. Seshagirirao, I am of the view that the genuineness or otherwise of the petitioner's claim cannot be gone into at this stage. For the purpose of this I. A. and revision, we have to proceed on the basis that the plaintiff is claiming interest in the part of the plaint schedule property. This court has construed under Order I; Rule 10 CPC in a liberal manner in K. A. Khader V. Mahbub Saheb (1) 1979 (1) A. P. L. J. 93 and held that all disputes arising in respect of the same property have to be resolved in one suit rather than driving the parties to different suits.