Or.1, rule 10 and consequential amendment - injunction granted not to alienate - pending suit properties are alienated - petition to implead them as defendants - notice was order to the proposed respondents , they remain exparte - despite of it the trial court dismissed the application - their Lordships held that The manner, in which the lower Court has passed the impugned order, reflected that it is in a highly confused state of mind. Thus, the reasoning of the lower Court that addition of party after commencement of trial is barred reflects a complete non application of mind on its part as there is no such law and regarding boundaries the plaint schedule vis-a-vis the schedule contained in the sale deed would show that while the former has described the boundaries in terms of plot numbers, the latter has described the boundaries in terms of survey numbers.The fact, however, remains that the survey number remains common both in the plaint schedule and also in the schedule shown in the sale deed.the lower Court has committed a serious jurisdictional error in dismissing the application filed by the petitioners for impleadment of respondent Nos.2 and 3 in the suit.=Civil Revision Petition No.4410 of 2013 04-09-2014 K.Yogender Reddy and another.. Petitioners Smt.K.Usha Rani and 2 others. .. Respondents = 2014 - Oct. Month - http://judis.nic.in/judis_andhra/qrydisp.aspx?filename=11971
Or.1, rule 10 and consequential amendment - injunction granted not to alienate - pending suit properties are alienated - petition to implead them as defendants - notice was order to the proposed respondents , they remain exparte - despite of it the trial court dismissed the application - their Lordships held that The manner, in which the lower Court has passed the impugned order, reflected that it is in a highly confused state of mind. Thus, the reasoning of the lower Court that addition of party after commencement of trial is barred reflects a complete non application of mind on its part as there is no such law and regarding boundaries the plaint schedule vis-a-vis the schedule contained in the sale deed would show that while the former has described the boundaries in terms of plot numbers, the latter has described the boundaries in terms of survey numbers.The fact, however, remains that the survey number remains common both in the plaint schedule and also in the schedule shown in the sale deed.the lower Court has committed a serious jurisdictional error in dismissing the application filed by the petitioners for impleadment of respondent Nos.2 and 3 in the suit.=Civil Revision Petition No.4410 of 2013 04-09-2014 K.Yogender Reddy and another.. Petitioners Smt.K.Usha Rani and 2 others. .. Respondents = 2014 - Oct. Month - http://judis.nic.in/judis_andhra/qrydisp.aspx?filename=11971