UMAMAHESWARAM
C. Raju – Appellant
Versus
Dinshaji Dadabhai Italia – Respondent
( 1 ) THIS is an application to revise the order of the 4th Additional Judge, City Civil Court, Hyderabad allowing LA. No. 58 of 1953 in O. S. No. 120 of 1958 and directing the addition of defendants 3 to 7 as parties to the suit The suit was originally instituted against defendants 1 and 2. The 1st defendant is the father and the 2nd de-fondant is the son. The liability was incurred by the 1st defendant and the 2nd defendant was the surety. It transpires that before the institution of the suit, the 1st defendant died. So, an application was filed by the respondents to bring on record defendants 2 to 7 as the legal representatives of the 1st defendant. Subsequently, another application was filed under Order 1, Rule 10 C. P. C. to implead defendants 3 to 7 as parties to the suit. Following the decision of the Madras High Court in K. Ismail v. Pavu Amma, (S) AIR 1955 Mad 644, the learned Judge impleaded defendants 3 to 7 as parties to the suit, the 2nd defendant, one of the legal representatives of the 1st defendant, having already been made a party to the suit. As against the order of the 4th Additional Judge, City Civil Court, Hyderabad, the Civil Revision Petitio
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