Before numbering the suit, Court cannot go into the merits of the matter without giving any opportunity to petitioner. A case law

 HON'BLE SRI JUSTICE A.RAJASHEKER REDDY 

C.R.P.No.1209 of 2020                         Kade Kumara Swamy Vs Again Pandu

ORDER 

This civil revision petition is filed against the order 

dated 01.10.2020 passed in S.R.No.1725 of 2020 by the learned 

Principal Junior Civil Judge, Medchal, Ranga Reddy District,

rejecting the suit filed by petitionBr for perpetual injunction 

restraining the defendants and their men from interfering with the 

peaceful possession and enjoyment over the suit schedule property. 

2 Learned counsel for the petitioner submits that even before 

numbering the suit, the Court below went into the merits of the 

matter and rejected the plaint. He further submits that the plaint can 

only be rejected under Order VII Rule 11 CPC, but the Court below 

without quoting the said provision and without giving any opportunity 

of hearing to petitioner rejected the plaint. He also submits that on 

earlier OCcasion, this Court in C.R.P No.1118 of 2020 

dated 04.11.2020, has set aside similar order of rejection of plaint 

passed by the same Presiding Officer. Thus, he prays to allow the 

revision setting aside the order impugned. 

3. A perusal of the material or record goes to show that this 

Court in C R.P.No.1118 of 2020 dated 04.11.2020, has set aside the 

order of rejection of plaint dated 01.10.2020 in S.R.No.1724 of 2020 

passed by the same Presiding Officer. While allowing the said 

revision, this Court observed that even before numbering the suit 

and without giving any opportunity to petitioner therein, the Court 

below recorded such adverse findings and passed the order without

application of mind. Even the impugned order goes to show that before numbering the suit, the Court below has gone into the merits 

of the matter without giving any opportunity to petitioner and rejected 

the plaint without quoting any provision of law. 

In view of the above and for the reasons alike in 

CRPNo 1118 of 2020 dated 04.11.2020, this Civil Revision Petition 

IS allowed. setting aside the order impugned, and the mater is 

remitted back to the Court below to number the suit, if the same is 

otherwise in order, and proceed in accordance with law. No order as 

to costs 

5 Registry is directed to take steps for sending the Presiding 

Officer of the Court below for training before the Telangana Judicial 

Academy Hyderabad. The concerned District Judge is also directed 

to call for explanation from the concerned Officer 

6 Miscellaneous petitions, if any. pending in this revision shall 

stand closed 

Sd/-M. MANJULA 

ASSISTANT