THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P.NO.3612 OF 2011 ORDER: Aggrieved by the order passed on 25-04-2011 by the learned Judge, Family Court-cum-Additional District Judge at Khammam in I.A.No.521 of 2009 in O.S.No.6 of 2004, the petitioner, who is the plaintiff in the Suit, has moved this Revision. The 2nd defendant got herself impleaded to the Suit, which is filed for recovering certain amount as arrears of rent. Therefore, the 2nd defendant has asked for the following three issues to be framed as additional issues: 1. How and through what registered document the plaintiff himself named as Co-owner and who are the Co-owners ? 2. Whether the plaintiff or the Defendant No.2 is the owner of the suit schedule property to collect rents from Defendant No.1 ? 3. Whether the plaintiff has got right to sue ? Finding the necessity to frame additional issue / issues, the Court below ordered the I.A. For actually framing the issues, the matter was directed to be called on 03-06- 2011. I am not quite clear whether the additional issue / issues have already been framed on 03-06-2011 by the Court below or not. If that has not been done so far, since a defendant to a Suit can raise a challenge to the right and authority of the plaintiff to the Suit claim, it would be appropriate that the following issues be framed as additional issues and tried: 1. Whether the plaintiff is entitled to recover the suit amount and if so, from which defendant ? 2. Whether the 2nd defendant can resist the suit claim on the footing of her original ownership ? With this, the Civil Revision Petition is disposed of at the admission stage, but however, without costs. ------------------------------- Nooty Ramamohan Rao, J mrk 27-08-2011