THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 5063 of 2009 ORDER: 1. This Civil Revision Petition is directed against the order dated 22.09.2008 in I.A. No.939 of 2008 in P.O.P.No.6 of 2006 on the file of the Principal Senior Civil Judge, Kothagudam 2. The first respondent filed the Original Petition against the respondents 2 to 5 herein, claiming retirement benefits of her husband late Mohad. Yousuf Khan. The petitioner herein filed the interlocutory application no. 939 of 2008 in the O.P., under Order I Rule 10 (2) of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to implead her as Respondent no.6 in the main O.P., stating that she is daughter of the deceased Yousuf Khan and other private respondents are her relatives. The said petition was dismissed by the trial Court at the threshold stage holding that the petitioner has not filed any proof to show that she is legal heir of the deceased Yousuf Khan. 3. Heard both sides. 4. Under Order I Rule 10 CPC, when a party has got a semblance of right, he has to be impleaded as a party to the suit. The petitioner, claiming to be the legal heir of deceased Yousuf Khan, filed the petition to implead her as respondent no.6 stating that she is entitled for share in his retirement benefits. Whether she is a legal heir of deceased Yousuf Khan or not, has to be decided in the O.P. itself , but not at this threshold stage. It is clearly stated in the affidavit filed in support of the petition that the deceased Yousuf Khan is her father, respondent no.5 is her mother and respondent no.6 is her brother. Therefore, the petitioner ought to have been impleaded as a party respondent in the O.P. 6. The Civil Revision Petition is, accordingly, allowed, setting aside the impugned order. No costs. --------------------- 11.11.2010 (K.C.Bhanu, J.) DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 5063 of 2009 11.11.2010 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 5063 of 2009 11.11.2010 Between: Mohd. Nazia Begum …Petitioner And Rajia Sulthan @ Rajia Begum & others …Respondents