SAKALA VENKATACHALAPATHY Vs. MADUMURU SALAMMA

JUDGEMENT

(1.) The plaintiff in O.S. No.198/80 on the file of the I Additional Junior Civil Judge, Madanapalle, is the petitioner in this Civil Revision Petition. The suit was filed for partition of suit schedule properties and a preliminary decree was passed in the suit. I.A.No.145/83 was filed for final decree proceedings. It appears that a Commissioner was appointed in the LA. to ascertain the mesne profits as well as the share of the parties to the suit. However, aggrieved by the order passed in IA No.145/83, defendants 1 to 5 and 14 have filed AS No.11/84 in the Court of the Additional District Judge, Madanapalle. The said appeal was filed only against the petitioner herein, leaving aside all other parties viz., defendants 6 to 13 and 15.

(2.) Alleging that there was non-compliance with the provisions of Order 41 Rule 14 CPC in preferring the appeal, in that, the parties to the order under appeal were not arrayed in the Memorandum of Appeal, now the petitioner i.e., the sole respondent in the appeal filed, IA No.410/99 praying that the appeal be dismissed for non-joinder of necessary parties. This IA was dismissed by the trial (sic. appellate) Court through its order dated 14-9-1999. It is against this order that the present Civil Revision Petition is filed.

(3.) Sri S. Ramesh, appearing for Sri S.V. Bhatt, the learned counsel for the petitioner submits that undisputedly, there is non-compliance of Order 41 Rule 14 of CPC and that on the face of the record the lower appellate Court ought not to have entertained the appeal at all and at any rate there is no justification in dismissing the IA when the material defect is noticed.