CHELLI CHINNODU Vs. CHELLI KANTHAMMA

JUDGEMENT

(1.) Defendant Nos. 1 and 2 are the Petitioners in this Civil Revision. They have challenged the Order dated 19.09.2001 passed by the Learned Civil Judge (Senior Division), Paralakhemundi in T.S. No. 25 of 2000 wherein he has allowed the petition filed by the Plaintiff under Order 1 Rule 3 of the Civil Procedure Code permitting her to add four persons, namely, Chelli Srinivas, Chelli Prasad, Smt. Yenni Adiamma and Yenni Narasimhulu as Defendant Nos. 5 to 8 in the suit.

(2.) THOUGH notice on admission was issued to the Plaintiff -Opposite Party No. 1 and the same was made sufficient, she has chosen not to appear in this revision.

(3.) DEFENDANT Nos. 1 and 2 have filed an objection to the said petition. Their main objection is in order to delay the proceeding and to harass the Defendants, Plaintiff has filed the said petition. It is further objected that Plaintiff has not sought for any amendment of the plaint showing cause of action against those Defendants. Hence, they should not be impleaded as Defendants in the suit and plaint should be rejected under Order 7 Rule 1 of the Civil Procedure Code. Learned Trial Court has allowed the petition by the impugned Order dated 19.09.2001 on the ground that they are necessary parties and for proper adjudication of thy matter directed the Plaintiff to add those persons as Defendant Nos. 5 to 8 by 27.9.2001. But those persons were not made parties in the civil revision.