I.A No. 1156 of 2009 · Andhra Pradesh High Court
Case at a glance
- Decided
- 11 Oct 2012
- Bench
- B SESHASAYANA REDDY
Outcome
Dismissed
Accordingly, the Civil Revision Petition is dismissed
Provisions considered
- Code of Civil Procedure, 1908 O. 1 r. 10
- Constitution of India art. 227
Key paragraphs
- Para 55. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel to it, miscellaneous petitions pending, if any, in this revision petition shall stand dismissed. _ ___________________________________ JUSTICE B.SESHASAYANA REDDY 11th October, 2012 AMD HON'BLE SRI…
Judgment
- C.R.P.NO.3061 of 2012 This revision is directed against the order, dated 07.03.2012, passed in I.A.No.1156 of 2009 in O.S.No.317 of 2007 on the file of the Senior Civil Judge, Bhimavaram whereunder and whereby, the learned Senior Civil Judge dismissed the application filed by the
petitioner/plaintiff under Order 1 Rule 10 C.P.C.
Heard the learned counsel appearing for the petitioner and perused the order impugned in the revision.
Learned counsel for the petitioner submit that respondent No.2 executed a settlement deed, dated 05.10.2005, in favour of respondent No.3 represented by the guardian-respondent No.1 and therefore, the proposed party i.e., respondent No.3 is a necessary party to the suit. It is also contended by him that since respondent Nos.1 to 3 are family members, the settlement deed is brought into existence to defeat the claim of the petitioner/plaintiff.
The petitioner is a plaintiff in O.S.No.317 of 2007. He filed the suit for recovery of the amount basing on the promissory note executed by respondent Nos.1 and 2. The proposed party i.e., respondent No.3 is not an executant of the promissory note. Therefore, the trial Court is justified in dismissing the application filed under Or.1 Rule 10 C.P.C. I do not see any illegality or irregularity warranting interference of this Court in the order impugned in the revision in exercise of power under Article 227 of the Constitution of India.
Operative part
Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel to it, miscellaneous petitions pending, if any, in this revision petition shall stand dismissed. _ ___________________________________ JUSTICE B.SESHASAYANA REDDY 11th October, 2012 AMD HON'BLE SRI JUSTICE B.SESHASAYANA REDDY C.R.P.NO.3061 of 2012 Date: 11.10.2012 AMD
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Civil Revision Petition is dismissed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 1 r. 10; Constitution of India — art. 227.
Which court decided this case, and when?
Andhra Pradesh High Court, on 11 Oct 2012. The bench was B SESHASAYANA REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.