THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P. NO. 4342 OF 2010 Date: 07-03-2011 Between: Sri Yarramasu Vijaya Bhaskar Reddy .. Petitioner And Sanvarapu Saraswathi and two others .. Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P. NO. 4342 OF 2010 ORDER: The unsuccessful applicant in I.A.No.518 of 2010 in O.S.No.665 of 2009 on the file of the Principal Junior Civil Judge, Kadapa, is the petitioner in this Civil Revision Petition. By order dated 16.07.2010, the trial Court dismissed the said I.A. filed under Order I Rule 10 of the Code of Civil Procedure (for brevity “CPC”), holding that the petitioner was not a necessary party to the suit. In spite of service of notice, the 1st respondent/plaintiff failed to put in her appearance before this Court either in person or through advocate. It was the case of the petitioner before the trial Court that he was an Ex-serviceman and was assigned an extent of Ac.1-94 cents in Sy.No.58/6 of Tollagangannapalli Village, Ambavaram Panchayat, Vallur Mandal, Kadapa District, under the D-Form patta bearing DKT No.3/1415 dated 05.01.2006. While so, the 1st respondent herein filed O.S.No.665 of 2009 before the trial Court seeking a permanent injunction against respondents 2 and 3 herein, the revenue authorities, who were allegedly interfering with her peaceful possession and enjoyment over an extent of Ac.0-98 cents in Sy.No.58/6 of Tollagangannapalli Village, Vallur Mandal, Kadapa District. As the said land was part of the land assigned to him, the petitioner filed I.A.No.518 of 2010 in the said suit under Order I Rule 10 of the CPC seeking to come on record as a defendant in the suit. The trial Court, however, was of the opinion that the application had been filed without proof of any documents when the matter was coming up for trial. Pertinent to note, the petition in I.A.No.518 of 2010 in O.S.No.665 of 2009 specifically referred to the documents filed by the petitioner in support of his case, viz. the original DKT patta dated 05.01.2006 and the pattadar pass book issued to him by the revenue authorities. It is thus surprising that the trial Court observed that no documents were produced by the petitioner in support of his case. The finding of the trial Court that there were no grounds or evidence to believe the version of the petitioner is therefore opposed to the material on record. The order dated 16.07.2010 passed by the learned Principal Junior Civil Judge, Kadapa in I.A.No.518 of 2010 in O.S.No.665 of 2009 is accordingly set aside and the petitioner herein is directed to be impleaded in the suit, O.S.No.665 of 2009, as the 3rd defendant. The Civil Revision Petition is accordingly allowed but in the circumstances, without any order as to costs. ________________ SANJAY KUMAR, J 07-03-2011 MR/BSB THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P.NO. 4342 OF 2010 Date: 07-03-2011 MR/BSB