HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.4744 OF 2010 ORDER: Sri K. Nagaraja Setty, in his individual capacity and certain other individuals and firms filed O.S. No.257 of 2006 in the Court of the Principal Junior Civil Judge, Adoni, against the respondents herein, for declaration that the demand of enhanced rent for the leased premises is not proper and illegal. During the pendency of the suit, the said Nagarja Setty died on 01-02-2010. The petitioner herein filed an application under Rule – 3 of Order – XXII CPC with a prayer to implead it as 11th plaintiff in the suit as legal heir of the 1st plaintiff. The application was opposed by the respondents. Through its order dated 05-03-2010, the trial Court dismissed the I.A. Hence, this revision. 2. Sri T. Prasad, learned counsel for the petitioner, submits that the trial Court ought to have allowed the application by treating it as one filed as under Order – I Rule – 10 CPC. 3. The petitioner invoked Order – XXII Rule – 3 CPC and prayed for impleading it as 11th plaintiff as legal heir of the deceased 1st plaintiff. On the face of it, it was not tenable. The question of a Firm being the legal heir of an individual does not arise. In case, the petitioner is of the view that it is entitled for the estate or any rights of the deceased, it ought to have filed an application under Rule – 10 of Order – I CPC. The trial Court rejected the application, finding that the petitioner cannot be treated as a legal heir of the deceased plaintiff. Therefore, no exception can be taken to the said order. Even now the petitioner can file an application under Order – I Rule – 10 CPC. 4. Hence, the Civil Revision Petition is dismissed, leaving it open to the petitioner to file an application under the correct provision of law and the trial Court shall consider the same on its own merits. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J November 16, 2010. KTL