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
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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