HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5582 of 2008 Date: 09-09-2010 Between: k. China Seetharami Reddy (died) and others …… Petitioners and Kanamatha Reddy Venkata Reddy …. Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5582 of 2008 ORDER: The petitioners, who are the legal representatives of the original plaintiff, filed this Revision Petition, under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order, dated 21-11-2008 in dismissing I.A.No.247 of 2008 in O.S.No.175 of 1999 on the file of the Junior Civil Judge, Sathupalli, filed under Order 22 Rule 3 read with Section 151 of C.P.C. seeking to implead them as plaintiff Nos.2 to 6 since they are legal heirs of the deceased plaintiff. Admittedly the suit is one for injunction filed against the respondent, who is no other than the son of the original plaintiff. The Court below made an attempt to go into the merits of the case and ultimately dismissed the said Application by observing that subsequent to the death of the original plaintiff, the respondent becomes the co-owner of the property and therefore, no injunction can be granted, and the cause of action does not survive for the petitioners to prosecute the suit against the respondent and they are not entitled to the relief sought by them. Hence the present Revision Petition. Heard both sides and perused the material on record. It is well established that in any Application of this nature, the question of going into the merits of the suit does not arise. No relief can be granted on the questions, which can be brought up only subsequent to the parties coming on record, and the parties cannot be denied their access to the proceedings on the grounds, which touch upon the merits of the main case. Therefore, the Court below ought to have allowed the Application impleading the petitioners as plaintiffs so as to give them opportunity to contest the main suit. Accordingly, the Civil Revision Petition is allowed and the impugned order, dated 21-11-2008 in I.A.No.247 of 2008 before the Court below is set aside. Consequently, I.A.No.247 of 2008 stands allowed. The Court below is directed to decide the suit, on merits in accordance with law, uninfluenced by the observations, if any, made in this order, calling upon both the parties to establish their respective cases independently. In the circumstances, no order as to costs. _______________ B. PRAKASH RAO, J Date: 09-09-2010 YCR