HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.5476 OF 2007 DATE:23-12-2010 BETWEEN B.B.Viswaswara Rao …Petitioner AND Kodali Sree Rama Chandra Rao …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.5476 OF 2007 ORDER: In this revision filed under Article 227 of Constitution of India, the petitioner-plaintiff seeks to revise the order of VIII Additional District & Sessions Judge (Fast Track Court), Vijayawada passed in I.A.No.272 of 2005 in O.S.No.49 of 2002, dated 30.10.2007 whereby the petition filed by the third party under Rule 32 of Civil Rules of Practice seeking to permit him to act as G.P.A. and to represent Kodali Ravi Kiran in the suit proceedings was allowed. The brief facts of the case are that the respondent herein is a third party to the suit proceedings and he is the GPA holder of third party Kodali Ravi Kiran, who is residing in U.S.A. Plaintiff- petitioner herein obtained attachment of the immovable property belonging to the fourth defendant before judgment in I.A.No.4165 of 2002. Subsequently, fourth defendant filed I.A.No.4715 of 2002 praying the court to accept the third party security offered by the respondent herein as GPA holder of Kodali Ravi Kiran and to raise the attachment. Pending the said petition, the respondent herein found that the G.P.A. filed by him was irregular and therefore, to avoid controversy, he obtained fresh power of attorney, dated 13.8.2005 from K.Ravi Kiran empowering him to act on his behalf, which was given in his favour while revoking/canceling the earlier GPA by ratifying all the acts and things that were done by him under the earlier power of attorney. Hence, the respondent sought permission to act as GPA and represent Kodali Ravi Kiran in the proceedings. A counter affidavit was filed by the petitioner- plaintiff stating that the Court cannot receive the fresh GPA, which ratifies the earlier acts of an invalid document. It was further stated that when an objection was taken by the plaintiff in the counter that earlier GPA was not properly stamped, where the revenue authorities issued proceedings to impound the said document, the third party, on account of that reason, has no right to file an application and the same is liable to be dismissed. Since the relief sought for in the petition was not for return of the document nor seeking the relief of marking the earlier GPA, the lower Court by following the decision of the Supreme Court in Jugraj Singh v. Jaswant Singh (AIR 1971 SC 761) allowed the impugned I.A. permitting the third party to file a fresh GPA to act as GPA holder of Kodali Ravi Kiran. No infirmity is discernable with the discretion exercised by the lower Court. The order so passed does not call for any interference by this Court. The revision is accordingly dismissed. Since the suit is of the year 2002, the lower Court is directed to dispose of the suit as early as possible and the petitioner is at liberty to take all the defences available to him including the one whether the third party can represent the fourth defendant or not. No order as to costs. _______________ A. GOPAL REDDY, J. DECEMBER 23, 2010 Tsr.