HON’BLE SRI JUSTICE K.S.APPA RAO Civil Revision Petition No.4872 of 1998 Date: 16-9-2011 Between The Superintending Engineer, N.S.Canals Circle, Ongole and another … Petitioners/Respondents and G.V.Subba Reddy … Respondent/Petitioner Principal Subordinate Judge, Principal Subordinate Court, Ongole (Arbitrator) … Respondent HON’BLE SRI JUSTICE K.S.APPA RAO Civil Revision Petition No.4872 of 1998 Order: The civil revision petition is preferred against the order and decree in O.P.No.124 of 1991, dated 28-9-1995, on the file of the Additional Subordinate Judge, Ongole, Prakasam district. 2. The revision petitioners herein are the respondents in O.P.No.124 of 1991. The said petition was filed by the 1st respondent herein under Section 8 of the Arbitration Act, 1940, requesting for appointment of one of the respondents, who are the retired Engineers, as sole arbitrator. After due enquiry, the trial Court appointed the Principal Subordinate Judge, Ongole, as arbitrator. Being aggrieved, the present civil revision petition is filed. 3. The learned counsel for the revision petitioners mainly urged that the order of the trial Court appointing the Principal Subordinate Judge, Ongole, as sole arbitrator is erroneous. 4. Now, the point for consideration is: Whether the impugned order is sustainable ? 5. Point:- Before going into the merits of the case, it is pertinent to note that the civil revision petition is filed against the petitioner in O.P.No.124 of 1991 and the Principal Subordinate Judge, Ongole, showing them as respondents 1 and 2, respectively. This civil revision petition against the 1st respondent was dismissed for default by the order dated 02-8-2011. When the civil revision petition is dismissed against the sole petitioner in O.P.No.124 of 1991, who is the 1st respondent herein, the cause in the revision does not survive for adjudication and hence the revision becomes infructuous. 6. Accordingly, on the said ground alone, the civil revision petition is dismissed as infructuous. No costs. ___________________ K.S.APPA RAO, J. 16th September, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO Civil Revision Petition No.4872 of 1998 16th September, 2011. (Ak)