Jamia Nizamia v. Mohd Ismail Ali And 9 Others

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No.3989 of 2017 ORDER :

Heard.

2.

The order of the lower Court otherwise to bring Order I Rule 10 C.P.C. is squarely covered by the expression of the Apex Court in Karuppaswamy and others v. C.Ramamurthy1.

3.

Having regard to the above, there is nothing to entertain the revision against the impleadment of the legal heir, who raised no objection, for the dead person in the appeal, out come of the so-called bonafide mistake of lack of knowledge about the death subsequent to disposal of the suit.

4.

Accordingly and in the result, the civil revision petition is disposed of.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 22nd November 2017.

mar 1 AIR 1993 SC 2324