D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) IN these two revisions, this Court is called upon to answer the doubt expressed by the learned Single Judge as regards the applicability of Section 52 of the Transfer of property Act, 1882, or Order 1 Rule 10 (2) c. P. C. to all suits irrespective of the nature of the suits or whether they are to be confined to certain types of suits. The learned Judge referred the matter in the light of the views expressed by the Apex Court in Khemchand shanker Choudhary v. Vishnu Hari Patil, in sarvinder Singh v. Dalip Singh, and also the view expressed by a learned single Judge of this Court in Kuna Ramulu v. Kuna annapurnamma.

( 3 ) THE learned Referring Judge, it appears, having felt that there is some divergence between the views expressed by the apex court in Khemchand Shanker Choudhary s case (1 supra) on the one hand, and Sarvinder singh s case (2 supra), which was relied on by a learned single Judge of this Court (T. Ch. Surya Rao, J.) in Kuna Ramulu scase on the other, referred the matter to a Division bench.

( 4 ) FACTS, in brief, appear to be that the suit was filed for partition, wherein the purchaser pendente lite, intended to come on

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