THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.NO. 3715 OF 2010 Date of Judgment: 24.6.2011 Between: Smt. Sumitra Bai …Petitioner and Miss. Rupali Dilip Mukkawar and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.NO. 3715 of 2010 ORDER: The petitioner who is the plaintiff in O.S.No. 481 of 2005 before the V-Senior Civil Judge, City Civil Courts, Hyderabad has questioned the order dated 11.6.2010 of the court below impleading the second respondent herein as defendant No.2 in the suit. The said impleadment was ordered by the court below on the application of the second respondent herein, wherein it was stated specifically in paragraph-4 of the affidavit that a partnership firm was constituted by three partners i.e., the petitioner herein, the first respondent and the second respondent under a deed dated 18.9.2004 and was carrying on textile business in the suit schedule premises. The second respondent, therefore, proposed to get himself impleaded in the suit to substantiate his direct interest in the suit schedule property in the capacity of a partner. The said application for impleadment was allowed by the court below as neither any counter was filed on behalf of the petitioner/plaitniff nor there was any representation. The learned counsel for the petitioner/plaintiff states that she had no opportunity to file counter and oppose the application and as such he seeks an opportunity for that purpose. Mr. Murali Narayan Bung appearing for respondent No.2 submits that the court below allowed the application after noticing the averments in the application filed for impleading. He also submits that there is a mistake in the description of the proposed party and in substance, the third partner was sought to be impleaded and he supports the impugned order on the ground that it would effectively and completely adjudicate upon the issues involved in the suit and as such the presence of the second respondent is necessary in the suit. On the facts and circumstances of the case, I am of the view that the impugned order passed by the court below is not required to be interfered with, though it contains errors which are not significant for interference. The court below has erroneously thought that it was impleading the second respondent in the capacity of father of first respondent, but, in fact, the proposed party had sought impleadment in the capacity of a third partner apart from the petitioner and the first respondent. Secondly the description of the proposed party is shown as M/s. Dilip Textiles represented by its proprietor Mr. Dilip Mukkawar, whereas the actual impleadment was that of the partner Mr. Dilip Mukkawar. The name of the firm shown as proposed party was, therefore, erroneous. In view of the above, the revision petition is dismissed. However, the impleadment of second respondent shall stand corrected as in the name of Mr. Dilip Mukkawar s/o late Laxman Mukkawar and the name of the firm shown as second respondent shall stand deleted. The respondent No.2 shall file fair copy duly correcting the cause title as above. So far as the claim of the petitioner/plaintiff for contesting the status of the second respondent is concerned, in view of the impleadment of second respondent, he would now be required to file a written statement which shall be done within four weeks from today and in the event of such written statement being filed, the petitioner/plaintiff shall have opportunity to file a rejoinder within a period of four weeks thereafter and the petitioner/plaintiff shall be at liberty to raise all the contentions proposed to be raised against the merits of the claim of respondents 1 and 2 herein i.e., the defendants 1 and 2 before the trial court. The court below shall thereafter proceed with the suit in accordance with law and dispose of the suit expeditiously within a period of six months from the date of filing of rejoinder by the petitioner. With these directions, the revision petition is dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 24.6.2011 KR