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2015 Supreme(AP) 172

SANJAY KUMAR
Pujari Narsaiah – Appellant
Versus
Modem Sudhaker – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Venkateshwar Varanasi, Advocate.
For the Respondents: None appeared.

Judgment :-

By order dated 20.11.2014 passed in S.R.No.6227 of 2014 in unregistered O.S.No.Nil of 2014, the learned Principal District Judge, Warangal, directed the plaintiff therein to file the original cheque dated 22.09.2014 issued in his favour by the second defendant along with an authenticated copy of the agreement dated 22.07.2014 for further scrutiny, failing which the plaint stood rejected. Aggrieved, the plaintiff is before this Court under Article 227 of the Constitution.

As the order under revision was passed by the trial Court even before registration of the suit, this Court does not deem it necessary to put the respondents/defendants on notice in this case.

The subject suit was filed by the plaintiff for recovery of a sum of Rs.22,13,000/- from the defendants with interest and costs. His claim was based on an alleged agreement of sale dated 08.12.2012, whereunder he claimed to have paid them advances, and the cheque dated 22.09.2014, allegedly issued by the second defendant towards part-refund. The office appears to have raised an objection requiring the plaintiff to file the original cheque. Arguments were advanced thereon before the trial Court leading to the order un




















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