HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.712 OF 2008 DATE:21-12-2010 BETWEEN Veeramachineni Venkata Kesava Prasad …Petitioner AND M/s.Sibar Finance Ltd., Rep. by its Accounts Officer and GPA Holder, Polavarapu Prabhakarrao & others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.712 OF 2008 ORDER: This revision under Article 227 of Constitution of India is filed to revise the order of VIII Additional District & Sessions Judge (Fast Track Court), Vijayawada, dated 23.01.2008 in allowing I.A.No.175 of 2007 in O.S.No.64 of 2002 filed for impleading the legal heirs of third defendant as defendants 4 to 6 in the suit. The first respondent-plaintiff instituted the above suit for recovery of Rs.42,01,500/- against the defendants 1 to 3, in which, the second defendant filed a written statements and the defendants 1 and 3 were set ex parte. As third defendant died, two applications i.e. I.A.No.7281 of 2004 was filed to condone the delay of 386 days in filing the petition to set aside the abatement; and I.A.No.7282 of 2004 was filed to set aside the abatement caused. The said I.As. were allowed and on allowing the same, the present impugned I.A. was filed. Admittedly, the defendants 4 to 6 are the legal representatives of deceased third defendant. Once the two applications i.e. I.A.Nos.7281 and 7282 of 2004 were allowed, there is no illegality in allowing the impugned application in bringing the legal representatives of third defendant on record. The discretion exercised by the lower Court in allowing the impugned application does not suffer from any illegality warranting interference by this Court. The civil revision petition is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. DECEMBER 21, 2010 Tsr.