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2018 Supreme(AP) 479

SANJAY KUMAR
A. Kanakalatha – Appellant
Versus
M. Shyam Sundher (died) per LRs. – Respondent


Advocates Appeared:
For the Petitioner:D. Sudarshan Rao, Advocate.

ORDER :

1. I.A.No.2 of 2018 was filed in this revision seeking permission to allow petitioner 3, defendant 13 in the suit, to appear and act on behalf of her son, petitioner 2, defendant 1 in the suit, who is stated to be residing in the United States of America. In the light of the averments made in the supporting affidavit and the general power of attorney dated 28.04.2010, placed on record, the I.A. is ordered and petitioner 3 is permitted to represent petitioner 2.

2. This civil revision petition under Section 115 CPC arises out of the order dated 11.12.2017 passed by the learned II Additional District Judge, Ranga Reddy District at L.B. Nagar, in I.A.No.1927 of 2014 in O.S.No.107 of 2011. The petitioners are defendants 3, 1 and 13 respectively in the said suit and they filed the subject I.A. under Order 14 Rule 2 CPC praying that the trial Court take up Issue No.4 framed in the suit as a preliminary issue and decide the same. By the order dated 11.12.2017, the trial Court held against them and dismissed the I.A.

3. By order dated 16.02.2018, this Court, having noted that the order under revision reflected that the trial Court was guided by one stray entry in the pahani for the ye





































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