Certain citations on numbering of suits

 

Sl.No.	Case No.	Court	Judge	Gist of Judgment
1	C.R.P No.1869 of 2022   Jillellamudi Jagadeesh Versus Jillellamudi Subbayamma	HON'BLE AP HIGH COURT	HONOURABLE SRI JUSTICE SUBBA REDDY SATTI	At the stage of numbering the suit, the Court shall not conduct roving enquiry regarding the relief sought for in the Plaint.
2	C.R.P No.1270 of 2020. Dakshina Murthy vs Smt. Gnambika on 24 December, 2020	Telangana High Court	HON'BLE SRI JUSTICE A.RAJASHEKER REDDY	The truth or otherwise of the allegations made in Plaint cannot be gone into at the stage of numbering of the suit.
3	C.R.P.No.1209 of 2020                         Kade Kumara Swamy Vs Again Pandu	Telangana High Court	HON'BLE SRI JUSTICE A.RAJASHEKER REDDY	Before numbering the suit, Court cannot go into the merits of the matter without giving any opportunity to petitioner.
4	C.R.P No: 2729 of 2010 KUDUMULA KISHORE REDDY V/S KUDUMULA KRISHNA REDDY AND ORS Date of Decision: 20 July 2010 Citation: 2010 lawsuit(AP) 270	HIGH COURT OF ANDHRA PRADESH	Hon'ble Judges: Gopala Krishna Tamada	At scrutiny stage of the case, no court can appreciate merits of case and reject plaint on the ground that case of plaintiff is not well founded or devoid of any merits unless defect goes to root of matter
5	C.R.P. Nos. 4778 and 4867 of 2008 Decided On : Sep-11-2009 Reported in : 2009(6)ALT221 V. Hanya Naik and ors. Vs. M. Krishna Reddy and ors.	AP High Court	Hon’ble Judge : L. Narasimha Reddy	Maintainability of Suit for declaration as legal-heir without citing any defendant i.e., against whom so-ever and without seeking any further relief.
6	C.R.P NO.904 OF 2015     20-03-2015 Pujari Narsaiah  Vs Modem Sudhaker,	AP High Court	THE HONBLE SHRI JUSTICE SANJAY KUMAR	Court requiring the plaintiff to produce the originals thereof as a condition precedent for registration of the suit was erroneous in law.
7	C. R. P. 2478 Of 1993  Decided On, 13 February 1997  Linkwell Electronics Ltd., Vs. AP Electronics Development Corporation Ltd., 1997(3) ALD 336,	High Court of Andhra Pradesh	HONOURABLE. JUSTICE BHASKARA RAO	The Hon'ble High Court has observed that “as per clauses (a) to (i) of Or. VII, Rule 1 C.P.C do not contemplate that the deficit stamp duty, if any, on any document should be paid at the inception and it is also unnecessary to decide the nature of the document at this stage”. Therefore, the objection as to the admissibility of a document on the ground of deficit stamp duty can be taken only at the stage of the trial when the document is tendered in evidence
8.	C.R.P.No.632 of 2010  Decided On, 12 July 2010 Burra Anitha Vs. E. Mallavva, 2010 (6) ALT 128 ,.	High Court of Andhra Pradesh	THE HONOURABLE JUSTICE  G. BHAVANI PRASAD	An objection as to the admissibility of a document, at the stage of enquiry into an interlocutory application filed under Order 39 Rules 1 and 2 C.P.C., was raised, on the ground that it was improperly stamped and not registered. The trial Court took the view that the question as to admissibility of such document can be considered at the stage of hearing of the suit and it cannot be received in evidence, at the interlocutory stage. In the Revision, the Hon’ble High Court took the view that even at the interlocutory stage, an unstamped or improperly stamped document cannot be received in evidence
9	N. Jagannadham v. V. Mangamma, 1997 (2) ALD 549,	Andhra High Court	THE HONOURABLE JUSTICE B.S.A. Swamy,	Hon’ble High Court held that “if the party instead of requiring the document to be admitted in evidence merely wants the Court to send it to the Collector to be dealt with under Section 40 the Court has no option but to send it to the Collector as provided in Section 38 (2). The Court cannot compel the party to pay duty and penalty and have it admitted in evidence”
10	CRP(MD) Nos.915, 943, 967, 991 & 330 of 2020 Judgment Pronounced on : 16.07.2021   Selvaraj & Ors., Vs Koodankulam Nuclear Power Plaint India Limited & Ors., [2021 (4) CTC 539	Hon’ble Madras High Court	CORAM: JUSTICE N.SESHASAYEE	The Registry Should Not Act As Defendant & Raise Objection At Pre Numbering Stage: Madras High Court.   To sum up, the Court may reject the plaint before numbering and entering it in the Register of Suits, if from a reading of the plaint, it is seen that the suit is barred by any law, or if it suffers from any procedural infirmity. The Court, at that stage, cannot and is not expected to conduct a roving enquiry into the merits of the matter by testing the correctness of the plaint- averments even prior to its institution. Further, for curing any of the permissible defects, no court shall return the plaint more than once.