ORDER :

The Civil Revision Petition is filed by the petitioners under Article 227 of Constitution of India against the orders passed by the learned I Additional District Judge, Nellore, in I.A.No.356 of 2015 in O.S.No.263 of 2014 wherein and whereby the learned trial Judge dismissed petition filed by the petitioners to come on record as defendants 3 and 4 in O.S.No.263 of 2014 filed by 1st respondent/plaintiff in that suit.

2. The petitioners herein filed petition before trial Court under Order 1 Rule 10 of Civil Procedure Code read with 151 of Civil Procedure Code and Rule 28 of Civil Rules of Practice to implead them as defendants 3 and 4 in the suit filed by 1st respondent/plaintiff on the ground that they are one of the partners in M/s.Dega Homes under a partnership deed dated 23.10.2004 and they also entered into an agreement of development by receiving advance amount and thereafter the 2nd defendant in the suit entered into lease agreement was paying rents to them but the 2nd defendant failed to pay the rents afterwards. They claimed that they have got interest in the subject matter in a suit filed by the 1st respondent/plaintiff and they prays to add them as defendants 3 and 4 in the suit. For which the 1st respondent/plaintiff filed counter before trial Court that subject matter in O.S.No.263 of 2014 and O.S.No.80 of 2014 are one and the same wherein he filed petition to implead him as a defendant in the suit, which was not objected by the petitioners herein and the same was allowed but the present petitioners are not necessary parties in the suit filed by him. He prays to dismiss the petition.

3. After considering contentions raised by both sides, learned trial Judge dismissed the petition filed by the petitioners by observing that since the proposed parties have already filed a comprehensive suit O.S.No.80 of 2014 and the same is pending adjudication with regard to claiming rights in the lease hold property and in O.S.No.263 of 2014 is already impleaded as defendant in one of the defendants in O.S.No.80 of 2014, there is no necessity to add the petitioners herein as defendants in the suit in O.S.No.263 of 2014.

4. The learned counsel for the petitioners would submit that the petition filed by the 1st respondent to implead him in the suit filed by the petitioners in O.S.No.80 of 2014 on the same subject matter, which was allowed and thereafter the 1st respondent impleaded as one of the defendants in that suit when the petitioners intended to come on record in a suit filed by the 1st respondent on the same subject matter, which was not allowed by the learned trial Judge. He further submits that learned trial Judge failed to exercise discretion in favour of the petitioners, which amounts to failure of justice, which has to be considered by this Court by invoking Article 227 of Constitution of India. Learned counsel also invited attention of this Court with regard to the contents of the plaint averments in O.S.No.80 of 2014 and cause of action on which the said suit is filed by the petitioners herein. He prays to allow the revision petition.

5. Learned counsel Mr. Sravan, representing on behalf of Mr. G. Ramesh Babu learned counsel for the 2nd respondent fairly contended that the 2nd respondent not filed any counter before trial Court but he would submits that they filed Transfer O.P.No.555 of 2016 on the file of Principal District Judge, Nellore, to transfer O.S.No.80 of 2014 pending on the file of VI Additional District Judge, Nellore, to try along with O.S.No.263 of 2014 pending on the file of I Additional District Judge, Nellore, which was allowed on 18.08.2017 by ordering transfer of O.S.No.80 of 2014 from VI Additional District Judge, Nellore to I Additional District Judge, Nellore leaving the discretion to that Court to decide as to whether both the suits can be tried jointly or simultaneously. He prays to pass necessary Orders.

6. Now, the issue that emerges for consideration by this Court is: “Whether the order under