A. V. KRISHNA RAO, J.

( 1 ) THIS revision petition is preferred from the judgement in C. M. A. 38 of 1976 on the file of the court of Ist Additional District Judge, Guntur. C. M. A. No. 38 of 1976 itself was filed against an order in I. A. 5676 of 1973 in O. S. 481/63 on the file of the Principal District Munsifs Court, Guntur I. A. 5676 of 1973 was filed by the present revisions petitioner under o. 22 R. 10, and S. 151 C. P. C. for adding him as the second plaintiff in the suit. That application was dismissed and hence he preferred C. M. A. 38/76 which was also dismissed by the Ist Additional District Judge, Guntur.

( 2 ) O. S. No. 481 of 1963 on the file of the Principal District Munsiffs Court, Guntur was a suit in which a preliminary decree for partition was passed. The plaintiff, Nagasuri Venkateswarlu filed i. A. 2723/65 for the passing of the final decree. It was held that the property could not conveniently partition Act was therefore, S. 4 of the Partition Act was attracted. An application was filed for the appointment of a Commissioner on 13-9-1967. The fee of the Commissioner had to be deposited, that application was dismissed for non-compliance with the order of the cour

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