Poliki Loki Reddy v. Smt.Muthyala Adilakshmamma

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No. 3810 OF 2018 O R D E R :

This Revision is directed against the order dated 08.06.2018 in I.A. No. 447 of 2017 in O.S. No. 21 of 2015 on the file of the VI Additional District Judge, Anantapur at Gooty. By the order under Revision, the learned Judge dismissed the said I.A. taken out by the plaintiff under Order 22 Rule 4 of the Code of Civil Procedure to implead the proposed party - legal representative of the deceased 1st defendant, as the 3rd defendant to the suit.

Heard learned counsel for the petitioner.

The case of the petitioner is that by oversight, he failed to seek impleadment of all legal representatives of the 1st defendant. Hence, he seeks indulgence of this Court to withdraw I.A. No. 447 of 2017 with liberty to file a fresh Application to bring on record all legal representatives.

There cannot be any objection for such course of action, subject to the provisions of law governing the same. The petitioner is therefore, permitted to withdraw I.A. No. 447 of 2017 on the file of the VI Additional District Judge, Anantapur at Gooty with liberty to take out a fresh Application seeking impleadment of all legal representatives of the deceased 1st defendant in the suit, but however, in accordance with law on the subject.

The Civil Revision Petition is accordingly, closed. No costs. Miscellaneous Applications, if any shall stand closed, consequently.

____________________________ CHALLA KODANDA RAM, J 03rd October 2018 ksld