G.RADHA KRISHNA RAO
L. Chandrasekhara Sarma – Appellant
Versus
Jayanthi Vimala Kumari – Respondent
( 1 ) THE short question that arises for consideration in both the revision petitions is: when an application filed by one person for being impleaded as legal representative of a deceased party to a litigation is allowed, is it competent for the Court to allow an application filed for the same purpose subsequently by another person?
( 2 ) IT is necessary to state a few facts for the purpose of disposal of these two civil revision petitions. During the pendency of an appeal A. S. No. 121 of 1986 on the file of the Second Additional District Judge, Krishna at Machilipatnam, the first appellant therein died. On an application being filed by the revision petitioner herein, he was ordered to be impleaded as third appellant to the appeal. Subsequently, the first respondent herein filed two applications one for setting aside the order of abatement caused by the death of the first appellant and the other for impleading her as his legal representative, claiming herself to be his daughter born to him through his first wife. The court below, after hearing both parties, allowed the petitions.
( 3 ) IN any view, the mere fact that an application for being impleaded as a le
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