IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5447 OF 2009 Between: Pathipaka Rajesham .....PETITIONER AND Valaboju Papamma and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5447 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 15.09.2009, in I.A.No.363 of 2008 in I.A.No.215 of 2008 in O.S.No.14 of 2008, on the file of the Senior Civil Judge, Huzurabad, whereunder and whereby, the petition, filed under Order XXII Rule 4 C.P.C., by the petitioner to bring on record the legal heirs of the deceased sole defendant in the Original Suit, was dismissed on the ground that the petition was barred by limitation. 2. Heard. 3. In view of the fact that this Court has already disposed of C.R.P.No.5448 of 2009, giving liberty to the petitioner to file an application under Section 5 of the Limitation Act, 1963, (for short, “the Act”) to condone the delay in filing the petition for bringing the legal heirs of the deceased sole defendant in the Original Suit on record as defendants, the impugned order is liable to be set aside and is accordingly set aside. The petition, under Order XXII Rule 4 C.P.C., filed by the petitioner in the lower Court has to be resolved after considering the petition that may be filed by the petitioner under Section 5 of the Act in accordance with law. 4. With the above observation, the Civil Revision Petition is allowed. There shall be no order as to costs. _______________ K.C. BHANU, J August 20, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5447 OF 2009 August 20, 2010