THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No.1583 OF 2008 ORDER: 1 This revision is directed against the order dated 08.06.2007 in CMA No.4 of 2007 on the file of the District Judge, West Godavari at Eluru wherein the said appeal filed by the petitioners herein was dismissed confirming the order dated 13.12.2006 in I.A.No.562 of 2006 in O.S.No.140 of 1998 on the file of the Junior Civil Judge, Chintalapudi. 2 Heard the learned counsel for the petitioners and the learned counsel for the Respondent No.1. Perused the record. 3 The petitioners filed the suit for partition and separate possession of their share in the plaint schedule property. The respondents/defendants filed written statement contesting the suit. When the matter came up for trial, the defendants filed an application for impleading some third parties to the suit. The said application I.A.No.328 of 2006 was allowed on 14.09.2006. It is stated that inspite of repeated adjournments the petitioners/plaintiffs have not carried out the necessary amendment and the suit was, therefore, dismissed on 07.11.2006 for default. Petitioners filed I.A.No.562 of 2006 for setting aside the default dismissal order dated 07.11.2006. The trial court dismissed the said application. Aggrieved by the same, the petitioners filed CMA No.4 of 2007. The learned District Judge by the impugned order dismissed the said appeal also. Hence the present revision. 4 It is to be seen that the defendants filed application I.A.No.328 of 2006 for impleadment of third parties. As the said application was allowed, the plaintiffs were directed to carry out the amendment but they failed to do so. It is also to be seen that within two months of the order in the said I.A.No.328 of 2006, the suit came to be dismissed for default on 07.11.2006. 5 The suit being one for partition of immovable properties and the failure of the plaintiffs to carry out the amendment as directed by the trial court ought not to have resulted in dismissal of the suit itself for default. 6 In the circumstances it is considered that an opportunity can be given to the petitioners/plaintiffs to have the suit disposed of on merits. However, having regard to the fact that the petitioners failed to comply with the direction of the trial court in carrying out the amendment, the plaintiffs shall pay costs of Rs.2,000/- (Rupees Two Thousand only) to the defendants within two weeks from today and carry out the amendment as directed earlier, failing which, the order dismissing the suit for default will remain unchanged. 7 The Civil Revision Petition is disposed of accordingly. No order as to cost. ---------------------------- G.V. SEETHAPTHY, J. 13.06.2011 C.C. in 3 days B/o Kvsn