HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 4413 of 2009 Date: 23-07-2010 Between The Pioneer Fertilizers Company ………… Petitioner And Maddi Rana Pratap and others …… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 4413 of 2009 ORDER: This Revision Petition is filed, under Article 227 of the Constitution of India, seeking to assail the order, dated 12-06-2009 in I.A.No.350 of 2003 in O.S.No.1756 of 2002 on the file of the Principal Junior Civil Judge, Guntur, which was filed under Order 1 Rule 10 of C.P.C. to implead Respondents 2 to 4 herein as defendants in the suit. Heard both sides. The suit was filed by the petitioner herein for permanent injunction against the first respondent herein. The case of the petitioner is that the suit was filed on 02-12-2002 and immediately thereafter on 11-12-2002 and 21-12-2002, the original defendant- Respondent No.1 herein has sold the suit property to R-2 to R-4 herein under registered sale deeds and therefore, they are necessary parties to the suit and he filed I.A.No.350 of 2003 under Order 1 Rule 10 of C.P.C. to implead them as defendants in the suit. However, the lower Court, having considered the allegations and counter allegations, made an attempt to go into the merits of the case and find out the correctness of the same and ultimately dismissed the Application. Hence, the Revision Petition. It is well established that in an application filed under Order - I Rule - 10 of C.P.C., the only ground that has to be seen for consideration of the application is whether the proposed party is necessary or not, but not to go into merits of the case. Having heard the learned counsel and also perused the material on record, admittedly the proposed parties are subsequent purchasers of the property in dispute under the registered sale deeds. In view of the same, irrespective of whatever is stated in either way that cannot come against or in favour of any of the parties. In the circumstances, without expressing any opinion on merits in either way, the impugned order is liable to be set aside. The Civil Revision Petition is, accordingly, allowed. The order, dated 12-06-2009 in I.A.No.350 of 2003 before the lower Court is set aside. Consequently, I.A.No.350 of 2003 shall stand allowed. The lower Court is directed to decide the matter uninfluenced by the observations, if any, made in this order, calling upon both the parties to establish their respective case independently. In the circumstances, there shall be no order as to costs. ________________ B. PRAKASH RAO, J Date: 23-07-2010 YCR