THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2125 of 2009 9th October 2009 Between: 1. Chella Elia, R/o.Bapanaiah nagar, Mangalagiri, Guntur District. And three others. …PETITIONERS AND 1. Chella Prabhudas @ Dibbiah, S/o.Moshe, 53 years, Cultivation, Christian, R/o.Medikonduru Village, Guntur Rural Mandal, Guntur District. And nine others. …RESPONDENTS THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2125 OF 2009 ORDER: The grievance of the petitioners is against the dismissal of I.A.No.1037 of 2008 in A.S.No.132 of 2008 on the file of the I Additional District and Sessions Judge, Guntur, filed by them under Order I Rule 10 of the Code of Civil Procedure, 1908, seeking to add respondents 4 to 6 as defendants 4 to 6 to the suit in O.S.No.36 of 1994 and permit them to amend the plaint. After considering the respective submissions, the Court below dismissed the application holding that it is not necessary to grant such reliefs at that stage. Hence, the revision. Having regard to the fact that the very appeal is still pending, whether on merits or not, the matter has to be heard and all the details have to be gone into. In view of the same, it would be more apt and appropriate to consider applications of this nature at the time of hearing of the appeal, rather than before hearing the appeal. The necessity to implead arises only when the matter is heard but not before it is heard. In the circumstances, the Civil Revision Petition is allowed and the order dated 11.02.2009 in I.A.No.1037 of 2008 in A.S.No.132 of 2008 on the file of the I Additional District and Sessions Judge, Guntur, is set aside. The matter is remitted to the Court below for fresh disposal of the application along with the appeal at the time of its hearing and pass appropriate orders on merits. No costs. _________________ (B.PRAKASH RAO, J) 9th October 2009 RRB