The 2nd respondent herein filed O.S. No.123 of 2003 in the Court of the Senor Civil Judge, Machilipatnam, for the relief of partition and separate possession of the suit schedule properties. The petitioner herein figured as 8th defendant in the suit.

2. During the pendency of the suit, the 1st defendant, by name, Tammana Venkateswararao died. The 1st respondent herein i.e. the plaintiff, filed I.A.No.1503 of 2004 under Order – XXII Rule -4 stating that according to the information received by him, the deceased 1st defendant executed a Will in favour of the 1st respondent herein and that she may be brought on record as defendant No.9. The trial Court dismissed the I.A through order, dated 16-06-2006, holding that the legatee under Will cannot be brought on record as legal representative. However, it left open to the 1st respondent herein, who figured as 9th respondent in I.A. No.1503 of 2004, to come on record on her own accord.

3. The 1st respondent filed I.A. No.429 of 2009 under Order – I Rule – 10 CPC with a prayer to implead her as 9th defendant in the suit. The application was opposed by the petitioner. The trial Court allowed the I.A. through order, dated 29-08-2011.