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2006 Supreme(AP) 253

2006 (4) ALT 589
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
C.Y.SOMAYAJULU, J.
S.C. Bose & Co., a parternship Firm rep. by S.C. Bose and others - Petitioners
Versus
G. Srikanth - Respondent
C.R.P. No.5095 of 2003
Decided on 24-2-2006.
Advocates appeared
Mr. B. Prayaga Murthy, Counsel for the Petitioners.
None appeared for the Respondent.

Headnote:

Code Of Civil Procedure – Order 7 Rule 11 – C.P.C. Amendment Act, 1999 – Sections 482,17, 32(2) (k) – Evidence Act – Sections 85,115 – Loss of Employment – Mental Agony – Respondent by paying a Court fee filed a suit for recovery of damages from revision-petitioners under three heads i.e. loss of earnings on account of denial of employment, loss of career development and damages for mental agony – In that suit revision petitioners filed a petition under Rule 11 of Order VII CPC to reject the plaint on various grounds – Judge by the order under revision dismissed the same on the ground that the truth or otherwise of the allegations in the plaint will have to be decided only at the time of trial – Held, Court held that all the points on which the revision petitioners seek rejection of the plaint are untenable and since valuable time of more than five hours of this Court is consumed for hearing of an absolutely meritless revision, this revision deserves to be dismissed with heavy costs, which are to be deposited in the Chief Justice Relief Fund – Revision Petition Dismissed

ORDER

Respondent by paying a Court fee of Rs.1 ,10,526/- filed a suit for recovery of RS.1 ,08,03,110/- as damages from the revision-petitioners under three heads i.e. loss of earnings on account of denial of employment, loss of career development and damages for mental agony .In that suit revision petitioners filed a petition under Rule 11 of Order VII CPC to reject the plaint on various grounds. The learned Judge by the order under revision dismissed the same on the ground that the truth or otherwise of the allegations in the plaint will have to be decided only at the time of trial. Hence this revision.

2. The learned counsel for the revision petitioners took me through the entire plaint and all the documents filed therewith in minute detail and argued the case for almost a day by raising several contentions.

3. His first contention is that inasmuch as the trial Court did not advert to the contentions raised and dismissed the petition through a mute order the same is unsustainable and contended that since the criminal case for defamation filed by the respondent in connection with the telegram issued by the revision-petitioners was quashed by this Court under Section 482 Cr.P.C., on a petition filed by the revision-petitioners, the suit is barred under Section 11 CPC, and so the respondent is also estopped under Section 115 of the Evidence Act to prosecute this suit. His next contentions are that there is no cause of action for the respondent to file the suit and the suit is also hopelessly barred by time. His next contention is that since the suit was numbered after coming into force of the CPC Amendment Acts of 1999 and 2002 and since the plaintiff did not comply with sub-rules (e) and (f) of Rules 11 of Order VII CPC, the Court below erred in not rejecting the plaint. It is his contention that inasmuch as, the plaint was verified on 15-4-2002, and the Court fee stamp was purchased on 16-4-2002, whereby it cannot be said that there is a proper verification and presentation of the plaint. It is his contention that inasmuch as the list of documents was filed on 17-6-2002, only after the office took an objection, and since the original documents are not filed along with the plaint presented into Court on 17-4-2002, mandatory provisions of Order VII CPC are not complied with by the respondent. His next contention is that since the respondent, who claimed damages under several heads, did not pay court fee separately, though the office took an objection that the Court fee has to be paid separately, it is clear that there is deficit court fee on the plaint. His next contention is that since the respondent, in his letter dated 11-8-1999 addressed to the Chief Consular Officer, admitted that the H1B Visa was not issued because of the complaint lodged by Mr. S.C. Bose, but because he had faked his GRE and TOFEL scores, it is clear that there is no cause of action for the respondent to claim damages from the revision petitioners, and in any event since respondent failed to produce any document to show that he came to know about the issuance of the telegram by the 2nd revision petitioner on 19-4-99, and since the counsel for the respondent, while representing the plaint on 8-7-2002, endorsed that the respondent came to know about the issuance of telegram by 2nd revision petitioner on 19-6-1999, it should be taken that respondent is not sure about the date on which he came to know about the issuance of the telegram by the 2nd revision petitioner, and that date must have been a chosen date because the plaint with the list of documents was represented on 17-6-2002. His next contention is that in view of Section 28 of the Chartered Accountants Act 1949 (for short the 1949 Act) no suit can be instituted without an order of the Council constituted under that Act or of Central Government, and since respondent admittedly did not obtain any such order from the Council, under 1949 Act and since there is an averment that a complaint was lodged with




































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