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2020 Supreme(AP) 861

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
B. KRISHNA MOHAN, J.
Manthina Sitarama Raju & Others - Petitioners
Versus
Kanda Rambabu & Others - Respondents
Civil Revision Petition No. 960 of 2020
Decided On : 04-09-2020

Advocates:
Advocate Appeared:
For the Petitioners: Sri Pappu Srinivasa Rao.

Headnote:(A) Code of Civil Procedure - Section 9 and Order VII Rule 1 - Civil Revision Petition concerning return of plaint for objection - Office of trial Court repeatedly returned the plaint citing objections regarding compliance and identity of the plaint schedule property - Court found such repeated returns contrary to prescribed civil procedure rules and deprecates the practice as unwarranted. (Paras 3, 8, 9)

(B) Legal standing in filings - The trial Court is to assess, at the stage of registration, only the sufficiency of the plaint without delving into merits, and should not impose unnecessary objections. (Paras 5, 9)

Facts of the case:
The petitioners sought a permanent injunction against the respondents regarding possession of properties, facing repeated office objections on their plaint which led to filing the revision petition to resolve delays.

Findings of Court:
The trial Court is directed to hear the objections from the plaintiffs on filed plaint and to pass orders promptly within two weeks of receipt.

Issues: Whether the repeated objections raised by the Office/Registry constituted a valid procedure under the Code of Civil Procedure and the appropriateness of the actions at the registration stage.

Ratio Decidendi: The High Court ruled that repeated, unnecessary objections raised by the trial Court's Office must not obstruct the registration of plaints and cause undue delay, violating prescribed civil practice rules.

Result: Civil Revision Petition disposed of with directions to trial Court.

Table of Content
1. petition filed against objections to plaint (Para 1 , 3)
2. arguments against office objections and compliance issues (Para 2 , 4 , 5 , 6 , 7)
3. court's disapproval of trial court registry practices (Para 8)
4. order to bring matter for hearing and comply with rules (Para 9)
5. dismissal of civil revision petition (Para 10)

ORDER :

B. Krishna Mohan, J.

This Civil Revision Petition is filed against the O.S.S.R.No.1228 of 2020 on the file of the Senior Civil Judge, Peddapuram with return objections on the plaint, dated 22.07.2020.

2. Heard the counsel for the petitioners.

3. The petitioners are the plaintiffs in the suit in O.S.S.R.No.1228 of 2020 on the file of the Senior Civil Judge, Peddapuram. The respondents are the defendants in the said suit. The suit is filed for grant of permanent injunction restraining the 3rd defendant and her henchmen from interfering with the peaceful possession and enjoyment of the plaintiffs and the defendants No.1 and 2 over the plaint A, B, C schedule properties including B, B1, D, D1 red marked portion shown in the plaint plan and grant of such other reliefs, in the interest of justice. The suit was initially filed on 03.07.2020 and it was numbered as O.S.S.R.No.1228 of 2020, dated 06.07.2020. The plaint was returned with certain office objections, dated 06.07.2020, as follows :

1. As per document No.1 partition deed dated 02.11.2002 the surname of Plaintiffs is “Srimanthina”. The signatures of plaintiffs with their surnames is not tallied in the plaint as per partition deed, likewise vakalat etc.

2. The plaint plan is not tallied with the contents of plaint as well as plaint schedules.

3. How the plaintiffs 2 and 3 are entitled to file this suit, as Defendants 1 and 2 are present owners of plaint “A” and “B” schedule properties – should be explained.

Hence, returned, time 7 days.

Complying the said objections with an explanation, it was represented on 08.07.2020 with a further request if not satisfied with the compliance; the same may be put up before the Hon’ble Court for hearing on the objections and compliance.

But, the Office/Registry of the trial Court again returned the plaint on 13.07.2020 elaborating the very same earlier objections into serial Nos.1 to 17 giving seven (7) days time for compliance by the plaintiffs. Then all the objections were complied again and represented on 15.07.2020 with the same request if not satisfied the same may be put up before the Hon’ble Court for it’s hearing on the objections and compliance. Even this time also the Office/the Registry again returned the plaint on 17.07.2020 with the objections in serial Nos.1 to 5 requiring the plaintiffs to comply within seven (7) days. This time also the plaintiffs have represented the plaint complying the objections with necessary explanation on 21.07.2020. The earlier request of placing the matter before the Court for hearing if not satisfied with the compliance on objections is reiterated. Ignoring the compliance and request of placing the matter before the Court below for hearing, the Office/the Registry of the trial Court again returned the plaint in O.S.S.R.No.1228 of 2020, on 22.07.2020 raising similar objections in serial Nos.1 to 9 giving seven (7) days time for compliance. Aggrieved by the same, the plaintiffs/petitioners filed this Revision before this Court under Article 227 of the Constitution of India.

4. It is to be noted that since it is at the stage of numbering of the suit only, the trial Court did not order any notices to the defendants and the trial Court has not even heard on return of plaint by the Office/Registry with certain objections. Hence, this Court also proceeds with the hearing of this Revision without ordering any notice to the respondents. In the similar lines this Court already disposed of C.R.P.No.3019 of 2018, dated 08.06.2018, C.R.P.No.6317 of 2016, dated 22.06.2017 and C.R.P. No.5856 of 2017, dated 19.01.2018 hearing the petitioners therein respectively at the admission stage

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