The Hon’ble Sri Justice B.Prakash Rao Civil Revision Petition No.3942 of 2008 Order: The petitioners herein are third parties and they filed this Civil Revision Petition under Article 227 of the Constitution of India inter alia seeking to assail the correctness of order, dated 19-06-2008, passed by the learned I Additional Junior Civil Judge, Tanuku, in IA.No.557 of 2008 purported to have been filed under Order I Rule 10 and Section 151 of the Civil Procedure Code, 1908 (for short ‘the CPC’) seeking to get themselves impleaded as defendant Nos.4 to 6 in O.S.No.372 of 2002. The case of the petitioners in short is that they are the daughters of defendant No.1; that the above suit was filed for specific performance of agreement of sale, dated 09-06-1999, alleged to have been executed by defendant Nos.1 and 2 in respect of a joint family property, wherein they possess substantive rights under the provisions of the Hindu Succession Act as amended by Act 39 of 2005 with effect from 09-09- 2005; that therefore, they are proper and necessary parties to the said suit and that they need to be impeaded therein. However, the Court below dismissed the said application mainly on the ground that defendant No.1 filed three more suits, wherein no such applications have been filed by the petitioners herein and that the implead petition is filed at a belated stage only to drag on the proceedings. Aggrieved by the same, the petitioners filed the present Civil Revision Petition. Having heard the learned Counsel for the petitioners and having perused the material available on record, it is seen that the property in question is a joint family property, where substantive rights have been claimed by the petitioners herein. The question as to whether the claim of the petitioners is sustainable or not can be decided only during the course of trial in the main suit and this Court cannot decide the legality or otherwise of the same in an implead application filed under Order I Rule 10 and Section 151 CPC. Primarily, it has to be seen whether there is any semblance of right, title or interest as claimed by the petitioners in their favour. Therefore, the Court below was not right in rejecting the implead application being IA.No.557 of 2008 filed by the petitioners herein. It is always open for the petitioners to file similar such applications in other suits being OS.Nos.677 of 2005, 899 of 2002 and 1038 of 2003 also. The Civil Revision Petition is allowed and the impugned order, dated 19-06-2008, passed by the learned I Additional Junior Civil Judge, Tanuku, in IA.No557 of 2008 in OS.No.372 of 2002, is set aside. Consequently, the said IA stands allowed. _______________ B.Prakash Rao, J Date: 12-08-2010 lur