KOYA VENKATA KRISHNA RAO Vs. PATCHAVA ANASUYA

JUDGEMENT

(1.) HEARD Sri Gopal Das, the learned Counsel representing the revision petitioners and Sri Kalyan Singh representing sri M. S. Ramchandra Rao, the Counsel for R. 1.

(2.) THE civil revision petition is filed by the revision petitioners being aggrieved of an order made in I. A. No. 442/2007 in o. S. No. 147/2002 on the file of Principal senior Civil Judge, Guntur.

(3.) SRI Gopal Das, the learned Counsel representing the revision petitioners would maintain that the learned Principal Senior civil Judge, Guntur totally erred in dismissing the application filed under Section 10 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) having observed that though essentially the parties involved are the same and the subject-matter in both the suits also being the same, on the ground that the causes of action in these suits being different, definitely cannot be sustained. The Counsel also pointed out to the language of Section 10 of the Code and further would maintain that inasmuch as the basis of the documents executed by sri M. Venkatanarayana in favour of plaintiff - respondent being the subject-matter in the appeals before this Court, even in the interest of justice, the application filed under Section 10 of the Code should have been allowed. The Counsel also relied on certain decisions.