THE HONOURABLE SRI JUSTICE V. ESWARAIAH C.R.P.Nos.4466 and 4467 of 2009 COMMON ORDER: Since both the revisions arise out of the interlocutory applications filed by the petitioner in one suit, they are being disposed of together by this common order. 2. The petitioner/plaintiff filed O.S.No.80 of 2002 for partition. It appears that he filed I.A.No.1048 of 2008 for amendment of the plaint reducing the shares from four parts to three as the father of the first defendant died and his right devolves on the plaintiff and defendant Nos.2 and 3. The said I.A. was dismissed for default on 18.06.2009. To restore the said I.A., the petitioner filed I.A.No.728 of 2009 under Order IX Rule 9 CPC, but the same was also dismissed by the Court below by order, dated 17.08.2009 on the ground that the petitioner was not diligent in getting ready for disposal of I.A.No.1048 of 2008 and dragging the matter on some or other grounds and that the matter is going to be compromised. 3. It appears that the petitioner also filed I.A.No.798 of 2008 in the said suit for impleading the 13th defendant, who is the subsequent alignee and the same was also dismissed for default on 18.06.2009. To restore the said I.A., the petitioner filed I.A.No.749 of 2009 and the same was also dismissed on the ground that the petitioner was dragging the matter on some or other grounds without proceeding in the suit. 4. Heard both sides. 5. As the suit being a partition, the Court below ought to have disposed of I.A.Nos.1048 of 2008 and I.A.No.798 of 2008 on merits instead of dismissing them for default. 6. Accordingly, both the Civil Revision Petitions are allowed and the orders impugned are set aside. The Court below shall dispose of I.A.Nos.1048 of 2008 and 798 of 2008 on merits. It shall also dispose of the main suit itself on priority basis as it being an old suit. No order as to costs. _______________ V. ESWARAIAH, J Date:20.01.2011 sj