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2003 Supreme(AP) 1202

P.S.NARAYANA
Datla Chandraiah (died) by LR – Appellant
Versus
Kothalanka Durgavara Prasada Rao – Respondent


P. S. NARAYANA, J.

( 1 ) HE present Review Civil miscellaneous Petition is filed by the second petitioner, who was brought on record, as the legal representative of the deceased first petitioner.

( 2 ) THE relief prayed for in the present review Petition under Order 47, Rule 1 of the Code of Civil Procedure (hereinafter referred to as the Code in short) is to review the judgment and decree made in a. S. No. 174 of 1990 dated 3. 7. 2002.

( 3 ) THE facts in nutshell are as under: the legal representative of the first appellant, who was brought on record in the appeal and who should have been added as a party to the suit as a necessary party, and who, in fact had not been added as a party, raised an objection relating to the validity and binding nature of the judgment and decree so far as it relates to plaint a schedule property in O. S. No. 52 of 1982 on the file of the Court of Subordinate Judge, bhimavaram.

( 4 ) THE other factual aspects in detail may not be necessary in the light of the elaborate common judgment delivered in A. S. No. 174 of 1990 and C. R. P. No. 1685 of 2002 by this Court. Suffice it to state that for the present purpose, while answering point (E), this Court h















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