(per the Hon’ble Mr.Justice

D.S.R. Varma)

Heard both sides.

2. This appeal is preferred by the unsuccessful plaintiffs against the rejection of the plaint under Order VII, Rule 11(a) and (d) of the Code of Civil Procedure, 1908 (for brevity ‘the C.P.C. by the learned II Additional District and Sessions Judge (Fast Tract Court), Ongole, Prakasam District in O.S.No.3 of 2001.

3. For convenience, the parties herein are referred to as arrayed in the suit.

4. The case of the plaintiffs, in brief, is that one Gadiyaram Venkata Narasimha Murthy (for brevity ‘GVN Murthy’) had two sons and two daughters viz., Sri Venkata Ramaswamy, Sri Kalidas, Smt. Ahobila Arundhati and Smt. Addepalli Vedavathi. The first plaintiff is the wife and plaintiffs 2 to 4 are the children of late Kalidas who died in the year 1992. Defendants 1 to 3 are the daughters of late Venkata Ramaswamy who died in the year 1996. Defendant No.4 is the husband and defendants 5 to 10 are the children of late Vedavathi who died in the year 1986. Arundhati, the eldest daughter of GVN Murthy, died on 13-5-1975, leaving no children. GVN Murthy possessed Ac.300-00 of land, houses and house-sites in Prakasam District. He married one Ramalakshmamma and had two sons and two daughters, which was referred to above. Venkata Ramaswamy and Kalidas, the sons, filed O.S.Nos.24 of 1956 and 27 of 1959, respectively, on the file of the Subordinate Judge, Ongole for partition of the joint family properties, which were ultimately ended in compromise, wherein GVN Murthy gave Ac.100-00 of land to each of the sons, under a registered settlement deed, dated 4-2-1959 keeping Ac.80-00 of land to himself besides two houses and house sites. He gave Ac.40-00 of land each to his daughters Arundhati and Vedavathi. He also gave Ac.58-00 of land in favour of his concubine one M.Kamamma. GVN Murthy seems to have executed a registered General Power of Attorney (for brevity’GPA’) in favour of one Vavilala Venkata Subbaiah, Clerk of Sri Nayani Satyanarayana Rao, Advocate of Ongole Bar, who said to have executed sale deeds as well as agreements of sale in favour of third parties. Later, realizing the fraud played by the said Venkata Subbaiah, a Pleader’s Clerk, GVN Murthy cancelled the GPA on 17-4-1971 and filed O.S.No.31 of 1972 on the file of the Senior Civil Judge, Ongole, for cancellation of various sale deeds and agreements of sale executed by Venkata Subbaiah and for possession and other reliefs. While the above suit was pending, GVN Murthy died on 25-3-1978. It was further alleged in the plaint that GVN Murthy died intestate and on his death, the widow, two sons and the second daughter Vedavathi are entitled to the suit schedule properties. The widow and sons of GVN Murthy could not take steps as they were not aware of the proceedings in O.S.No.31 of 1972. When they made enquiries, they learnt that Telidevulapalli Sankarayya and Bommala Venkataswamy came on record as plaintiffs 2 and 3 as legal representatives of late GVN Murthy under a registered Will, dated 14-02-1975, alleged to have been executed by the said GVN Murthy. Thereupon, defendant No.4, the husband of Vedavathi, filed I.A.No.512 of 1980 as GPA Agent of his wife, praying to delete the names of the said Sankarayya and Venkataswamy and substitute the name of his wife Addepalli Vedavathi as second plaintiff on the ground that GVN Murthy executed an unregistered Will, dated 14-5-1977 in her favour. When the said application was dismissed, he preferred C.R.P.No.4238 of 1980 before this Court and this Court allowed the said C.R.P., by order dated 22-12-1982, directing the trial Court to restore the L.R. application I.A.No.512 of 1980 to file and to dispose of the same on merits. On remand, Sankarayya and Venkataswamy made a false contest and get the application allowed. Civil revision petition on the file of this Court that preferred against the said order, dated 02-8-1985, in I.A.No.512 of 1980, by Sankarayya and Venkataswamy, was