D.S.R. VARMA, J: - Heard both sides.

2. In these two revisions, this Court is called upon to answer the doubt expressed by the learned Single Judge as regards the applicability of S.52 of the Transfer of Property Act, 1882, or Order 1, Rule 10(2), C.P.C. to all suits irrespective of the nature of the suits or whether they are to be confined to certain types of suits. The learned Judge referred the matter in the light of the views expressed by the Apex Court in Khemchand Shanker Choudhary Vs. Vishnu Hari Patil, AIR 1983 SC 124, in Sarvinder Singh Vs. Dalip Singh, 1996(5) SCC 539, and also the view expressed by a learned Single Judge of this Court in Kuna Ramulu Vs. Kuna Annapurnamma, 2002(3) LS 251.

3. The learned Referring Judge, it appears, having felt that there is some divergence between the views expressed by the apex Court in Khemchand Shanker Choudhary's case (supra), on the one hand, andSarvinder Singh's case (supra), which was relied on by a learned Single Judge of this Court (T. Ch. Surya Rao, J.,) in Kuna Ramulu's case (supra) on the other, referred the matter to a Division Bench.

4. Facts, in brief, appear to be that the suit was filed for partition, wherein the purch

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