S. PARVATHA RAO, J.

( 1 ) THE petitioner in mis Civil Revision Petition questions the order of the learned Subordinate Judge at Vizianagaram in I. A. No. 1087 of 1987 in O. S. No. 129 of 1985 allowing the said I. A. presented by the first respondent herein under order 1 Rule 10 of the Code of Civil Procedure for transposing him as the second plaintiff in the said suit and permitting him to continue that suit.

( 2 ) THE facts are in a brief compass. The said suit- O. S,no. 129 of 1985 - is for partition of the plaint scheduled welling house. Defendants 1 to 4 in the said suit are the brothers of the plaintiff and defendants 5 to 7 therein are his sisters. The plaintiff died on 11-4-1987. No application was filed to bring his legal representatives on record under Order 22 Rule 3 of the Code of Civil Procedure and, therefore, the suit abated so far as the plaintiff was concerned. On 26-8-1987 the first respondent herein, who is the second defendant in the suit, filed the present application - I. A. No. 1087 of 1987. It is his case that the plaint schedule property is an ancesteral family dwelling house and that he and his brothers i. e. , the deceased plaintiff, the first defendant and

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