IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.3610 of 2010 Between: Aarugula Dyva Andrews Prasad. … Petitioner And Ravi Ramesh and another … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.3610 of 2010 ORDER:- Respondent No.1/3rd party filed I.A.No.1617 of 2007 in O.S.No.162 of 2005 to implead him as a party to the suit stating that the plaintiff filed the suit in a representative capacity alleging misuse of money against the defendant. Both of them colluded together and with an intention to misuse the money of a Baptist Church have taken steps to close the suit. The petitioner in I.A. is a member of the Baptist Church. Though the learned Principal Junior Civil Judge, Tuni has not assigned any reasons as to how respondent No.1 is interested in the lis between the parties, the fact remains that the impleaded party filed the I.A. stating that the plaintiff filed the suit in the representative capacity against the defendant, which has been denied by the plaintiff by filing counter that the Church was not shown as a party and the suit was filed in individual capacity and the matter was compromised between himself and the defendant. At that stage, when a memo was filed to withdraw the suit, the petitioner filed the above I.A. to implead him. In spite of service of notice, none appeared for the respondents. In view of the same, the alleged collusion between the plaintiff and the 2nd respondent does not arise. When the plaintiff filed a memo to withdraw the suit, there cannot be any decree against the defendant. The impugned order passed by the trial court is set aside and the I.A. stands dismissed. The learned Principal Junior Civil Judge shall pass appropriate orders on the memo permitting the plaintiff to withdraw the suit. The Civil Revision Petition is allowed. There shall be no order as to costs. __________________ A.GOPAL REDDY, J 22nd October 2010 lmv