( 1 ) JUDGMENT the petitioners aggrieved by an order dated 19. 7. 2001, passed by the Senior Civil Judge, Bobbili, in IA No. 197 of 2001 in OS No. 36 of 1995, have filed this CRP.

( 2 ) THE petitioners filed the said IA under Order 1, Rule 10 of the Code of Civil Procedure, 1908 (for brevity the Code ) praying the Court to implead them as defendants 6 to 8 in OS No. 36 of 1995. The same having been dismissed by reason of the impugned order, they approached this Court contending that the trial Court failed to exercise the jurisdiction vested in it, and that failure to exercise such jurisdiction has occasioned in miscarriage of justice.

( 3 ) WHEN the matter was listed 7. 9. 2001, this Court issued notice before admission. On 7. 11. 2001, when the matter was listed, I heard the learned Counsel for the petitioners as well as the respondents.

( 4 ) THE 1st petitioner is the wife Gandamani Appalanarasaiah, who is the 2nd defendant in the suit. The 2nd and 3rd third petitioners are their children. The 1st respondent, who is also the wife of Gandamani Appalanarasaiah, and her two children, 2nd and 3rd respondents filed a suit for partition being OS No. 36 of 1995. Allegin