THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.2601 OF 2011 ORDER This civil revision petition is directed against the order dated 21-6-2011 in I.A.No.295 of 2011 in O.S.No.29 of 2003 on the file of the Principal Junior Civil Judge, Karimnagar, wherein the said application filed by the petitioners-defendants under Order XIII Rule 3 CPC, was dismissed. Heard the learned counsel for the petitioners. The first respondent-plaintiff filed suit against the petitioners and other defendants for declaration of title in respect of the plaint schedule property. The defendants filed the written statement contesting the suit. After framing necessary issues, when the matter came up for defendants’ evidence, the petitioners filed I.A.No.295 of 2011. The same was opposed by the first respondent- plaintiff. By the impugned order, the trial Court dismissed the application only on the ground that the application was filed invoking wrong provision of Order XIII Rule 3 CPC instead of filing the same under the correct provision i.e., Order VIII 1-A (3) CPC. It is well settled that quoting of wrong provision of law in application need not always entail dismissal of the application on that ground. The Court can as well consider the application on its merits by taking the same under the correct provision of law. In the circumstances, the petitioners are given liberty to file a fresh application under correct provision of law and the trial Court may dispose of the same on its merits after giving opportunity to both sides. The civil revision petition is disposed of accordingly. ____________________ G.V.SEETHAPATHY,J Note: Issue CC thrree days. (B.O) rkk Dated: 11-7-2011