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1961 Supreme(Online)(AP) 2

ANDHRA PRADESH HIGH COURT
, J
Arikatla Venkata Swami (died) v. Mavillapalli Veeraiah


Advocates:
For the Appellants/Petitioners: None
For the Respondents: None

Table of Content
1. petition against lower court's order for splitting claims. (Para 1 , 2 , 3)
2. permissibility of splitting claims under order ii r.2. (Para 4 , 5 , 6)
3. distinct claims cannot be pursued in separate suits. (Para 8 , 9 , 10 , 12)
4. court's discretion must consider potential abuse of process. (Para 11 , 15)
5. final judgment declaring the revision petition allowed. (Para 16)

1. This revision petition is against the order of the Subordinate Judge, Nellore, granting permission under Order II R.2 C.P.C. to institute another suit for recovery of the plaint C schedule properties.

2. The plaintiffs, as reversioners to the estate of one Ramabotlu, who died in 1901 childless leaving behind him his widow Rosamma, brought a suit in the Court of the Subordinate Judge, Nellore, for recovery of the properties belonging to Ramabhotlu. Rosamma died in January 1953. It was recited in the plaint that Ramabhotlu died possessed of the A and B Schedule properties, that the C schedule properties were acquired with the income from the A and B schedule properties, that, with a view to defeat the rights of the reversioners she began to take conveyances in the name of the defendant, who is he




























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