The truth or otherwise of the allegations made in Plaint cannot be gone into at the stage of numbering of the suit.

 

Telangana High Court

S. Dakshina Murthy vs Smt. Gnambika on 24 December, 2020

Bench: A.Rajasheker Reddy

       HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

               Civil Revision Petition No.1270 of 2020

ORDER:

This Criminal Revision Petition is filed against the order, dated 11.03.2020 passed in O.S. (SR) No.214 of 2020 by the XVI Additional District Judge, Ranga Reddy at Malkajgiri, wherein and whereby the suit filed by the petitioner in OS SR No.214 of 2020 is rejected at the stage of numbering.

2. Heard learned counsel for the petitioner, who submits that without giving any opportunity and without mentioning about the provision of law, the suit is rejected.

3. A reading of the order, dated 11.03.2020, goes to show that the suit is rejected only on the ground that plaintiff and defendant have not filed any declaration showing that they are the only legal heirs of the deceased and none of them is in possession and the plaintiff has paid court fee of Rs.200/- stating that they are in joint possession being co-parceners. While admitting that the co-owners of the property can maintain partition suit and possession of one co-owner is possession of others, the Court below observed that admittedly they are not co-owners.

4. The observations of the Court below go to show that the Court below has not applied its mind while passing the impugned order. If the trial Court comes to the conclusion that the Court fee is not properly paid, the Court can give an opportunity by rectifying the same. At the stage of numbering of the suit, the parties cannot be insisted for filing of documents. It goes to show that the impugned order is passed without any application of mind and without giving an opportunity to the petitioner.

5. In view of the same, the Civil Revision Petition is allowed and the impugned order dated 11.03.2020 passed in O.S. (SR) No.214 of 2020 by the XVI Additional District Judge, Ranga Reddy at Malkajgiri, is set aside. However, it is open for the petitioner to resubmit the pliant and the Court below is directed to number the same, if the same is in order. The truth or otherwise of the allegations cannot be gone into at the stage of numbering of the suit. If there is no case for the plaintiff, the plaintiff will fail during the trial. If at all the trial Court comes to the conclusion that the plaint is liable to be rejected, it can do so only under Order VII Rule 11 CPC.

No order as to costs. Miscellaneous applications, if any pending, shall stand closed.

__________________________ A. RAJASHEKER REDDY, J December 24, 2020 KTL