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2009 Supreme(Raj) 31

S.B.SINHA, MUKUNDAKAM SHARMA
Peethani Suryanarayana – Appellant
Versus
Repaka Venkata Ramana Kishore – Respondent


Advocates Appeared
Mahabir Singh, Sr. Advocate, D. Mahesh Babu, for Appellants;
P.S. narasimha, Sr. Advocate, M. Gireesh Kumar, Avijeet Kr. Lala, Khwairakapam Nobin Singh, for Respondents

Hon'ble SINHA, J.— Leave granted.

2. Jurisdiction of a civil court to allow an application for amendment of plaint after a final decree is passed is in question in this appeal which arises out of a judgment and order dated 10.08.2005 passed by the High Court of Judicature of Andhra Pradesh in Civil Revision Petition No. 3666 of 2005.

3. The said question arises in the following factual matrix:

A suit for partition as also for a decree for setting aside some deeds of sale executed in favour of some of the defendants was filed by the respondent No. 1. Indisputably, during pendency of the said suit, the defendant Nos. 3 to 7 sold their right, title and interest in favour of the appellants by reason of registered deeds of sale dated 29.06.1992 and 7.08.1992. The said defendants having not taken any further steps in the said suit, it was directed to be heard exparte against them.

4. Appellants herein filed an application for impleading themselves as parties in the said suit, which was rejected by an order dated 4.08.1993. Aggrieved by and dissatisfied therewith, they filed a revision application before the High Court. The High Court by reason of an order dated 3.07.1998 purported to have al





























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