1970 Supreme(AP) 113
KODANDA RAMAYYA
Batbala Venkatapsrayya – Appellant
Versus
Ganuguntla Adilakshmamma – Respondent
( 1 ) THESE four revision petitions arise out of a common order passed by the Court below in the following circumstances; O. S. No. 53 of 1964 on the file of the Court of the Subordinate judge, Narasaraopet for partition and separate possession of his 3/16th share in the plaint schedule property was filed by one G. Kasiviswanadham, the 9th respondent in C. R. P. No. 257 of 1969. The 4th defendant in the suit died on 19th september, 1966. On 25th September, 1967, I. A. Nos. 1541, 1543 and 1544 of 1967 to bring the legal representatives of the deceased 4th defendant on record, to condone the delay in filing the petition for setting aside the abatement and to set aside the abatement of the suit respectively were filed by the plaintiff. Thereafter, the proposed legal representatives of the deceased 4th defendant themselves filed I. A. No. 2267 of 1967 on 22nd December, 1967 to implead them as supplemental defendants as they are necessary and proper parties within the i meaning of Order 1, rule 10 of the Code of Civil Procedure. The lower Court allowed the application of the legal representatives against which C. R. P. No. 257 of 1969 has been filed by the other defendants in the suit.
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