THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION No.1759 of 2007 ORDER: This is a plaintiff’s revision under Article 227 of the Constitution o India directed against the order dated 13.03.2007 passed by the Senio Civil Judge, Machilipatnam rejecting I.A.No.245 of 2003 in O.S.No.13 o 1998. The revision petitioner had filed the suit against respondents 1 to herein for partition and separate possession of his 1/3rd share in the join family properties covered by the plaint schedule claiming that his fathe had two wives; he was the only son through the first wife; and his fathe contracted another marriage, begot two sons and two daughters by th second wife, who are defendants 1 to 3 in the suit. During the pendency o the suit, the revision petitioner pleading that he was advised to implead hi stepmother and stepsisters as they were necessary parties to the suit, file I.A.No.245 of 2003 to implead his stepmother and stepsisters a defendants 4 to 6 to the suit. The Court below rejected the application holding that the petitione failed to seek a consequential amendment of the reliefs in the suit, whic was mandatory in view of the provisions of Rule 28 of Civil Rules o Practice. It is seen that the provisions of Rule 28 of the Civil Rules of Practic are applicable to an application made under Order I Rule 10(3) C.P.C which enjoins that no persons shall be added as a plaintiff suing without next friend or as the next friend of a plaintiff under any disability without hi consent. This provision has application to the relief sought in I.A.No.245 o 2003. In view of the clear error, the order of the Court below i unsustainable. The Civil Revision Petition is accordingly allowed, th order of the Court below dated 13.03.2007 in I.A.No.245 of 2003 is se aside and I.A.No.245 of 2003 is allowed, after hearing the learned counse for the petitioner and the learned counsel for respondents 1 to 3. Ther shall be no order as to costs. JUSTICE GODA RAGHURAM Dated: 01.07.2010 va