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2003 Supreme(AP) 459

D.S.R.VERMA
Valluri Sambasiva Rao – Appellant
Versus
Motamarri Veeriah Gupta – Respondent


D. S. R. VARMA, J.

( 1 ) THIS revision petition is filed challenging the order and decree dated 11-9-2002 passed by the court of Senior Civil Judge, Chirala in la. No. 103/2002 in O. S. No. 7/1997.

( 2 ) BY the impugned order, the court below allowed the I. A. filed by the legal representatives of the deceased plaintiff under Order 1 Rule 10 and Order 6 Rule 17 c. P. C. and thereby permitted them to come on record as plaintiffs 2 to 7 and also to carry out the consequential amendment.

( 3 ) FOR convenience, the parties shall be referred to as plaintiffs and the defendants.

( 4 ) THE brief facts are that the deceased plaintiff No. 1 filed the suit for recovery of money on the strength of a registered mortgage deed. The court below passed the preliminary decree on 2-3-2001. Subsequently, the plaintiff died. Thereafter, the legal representatives of the 1st plaintiff filed I. A. No. 102/2001 for passing of the final decree. After the death of the plaintiff, since his legal representatives were not brought on record formally, they again filed the present application i. e. , I. A. No. 103/2001 for their impleadment and consequential amendment. The court below by the impugned order allowed
























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