A.GOPAL REDDY
Manthena Krishnam – Appellant
Versus
Dadal Ramanaiah alias Rafiale (died) – Respondent
The defendants in O.S.No. 112 of 1991 on the file of learned Principal Subordinate Judge, Kakinada, filed this revision petition aggrieved by the order and decree dated 02-09-1996 made in I.A.No.1285 of 1991 in O.S.No.112 of 1991 . The facts, which are not in dispute, are that one late Manthena Krishnam Raju filed the above suit through next friend of D. Subhash on 03-04-1991 for cancellation of registered sale deeds executed by the plaintiffs in favour of the defendants and delivery of possession of the schedule property with profits, along with an application under Order - XXXII Rule 15 CPC to permit D. Subhash to file the suit on behalf of the plaintiff as his next friend and also power of attorney holder. The plaintiff expired on 05-05-1991. The Court on 28-06-1991 ordered notice to the respondents in I.A.No. 1285 of 1991 and registered the suit on the same date. The revision petitioners-defendants filed the counter in the above interlocutory application contesting that the suit filed by the power of attorney, without any power subsisting on the date of filing the suit, cannot file an interlocutory application
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