THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
CIVIL REVISION PETITION No. 364 of 2013
Date: 07.02.2013
ORDER:
This Civil Revision Petition is filed against the order in I.A.No.1588 of 2012 in O.S.No.162 of 2005 on the file of the Senior Civil Judge, Vizianagaram.
2. An application under Order VI Rule 17 was filed by the plaintiffs consequent on the death of the first plaintiff, who is said to have been executed a Settlement Deed dated 12.8.1993 and in pursuance of which, for some of the properties, he became entitled to.
The said application was dismissed by the Court below without going into the merits on the simple ground that as per the affidavit of the petitioner, earlier similar application was filed and it was rejected contending that the remedy of the petitioner was only to file revision against that order, challenging the same, the present revision is filed.
3. As can be seen from the counter of the respondents, no reliance is placed on the principle of resjudicata about the rejection of the earlier application.
Evidently, the earlier application was said to have been rejected only on technical grounds. Therefore, it cannot be said that there is any final order where under the petitioner’s right to file the present application is defeated.
Therefore, the order of the Court below is set aside and the Court below is directed to consider the merits of the application whether the application for amendment is maintainable or not and as to whether in the circumstances stated, the amendment of the plaint is warranted or not.
Accordingly, the Civil Revision Petition is disposed of at the stage of admission. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Revision Petition, shall stand closed.
____________________________
N.R.L.NAGESWARA RAO,J
Date:07.02.2013
KVS
THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
CIVIL REVISION PETITION No. 364 of 2013
Date:07.02.2013
KVS
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