The maintainability of a suit is a judicial decision and should not be determined by the registry; objections must be resolved in open court.

ORDER:

GANNAMANENI RAMAKRISHNA PRASAD, J.

1. Heard Sri M.K. Raj Kumar, learned Counsel appearing on behalf of Sri P. Narahari Babu, learned Counsel for the Revision Petitioner.

2. Having been aggrieved of non-numbering of the Suit by the Office (Filing Section) of the Additional District Judge, Hindupur, the present Civil Revision Petition is filed.

3. Plaintiff is the Revision Petitioner herein. The Suit is filed for specific performance. There are several Defendants in the Plaint. The prayer sought in the Plaint (suit) is as under:

“It is prayed that the Hon'ble court be pleased to pass
(a) a Decree in favour of the plaintiff and defendants No.1 to 4 and against the defendants No.5 for specific performance of the contract and Oppudal khararu and,
b) Direct the defendants No.1 to 4 to deposit their share of balance of sale consideration under agreement and Oppudal khararu Dt: 07.04.2021 into the Court and in case in failure of the deposit of the balance of sale consideration to extent of their share, the Honourable court may direct the defendant No.5 to execute the regd, sale deed to the extent of the plaintiff share in the suit schedule property in favour of the plaintiff
c) and in case if they fail to execute the regd. Sale deed, the Hon'ble court may execute the regd. sale deed on behalf of the defendant No.5 through court and give possession of the same and,
d) Award costs of the suit, and
e) Grant such other relief or reliefs as the Hon’ble Court deems fit in the circumstances of the case and in the interest of justice”.

4. The following chronological events are relevant for deciding the present Revision Petition;

i. 06.04.2025 - Plaint was presented in Office (Filing Section).
ii. 07.05.2024 - Plaint was returned with the following office objections:
a) How the Plaintiff filed this Suit as the Plaintiff is not at all party in the Agreement of Sale dated 07.04.2021.
b) Stamp Duty and Penalty should be paid for Agreement of Sale dated 07.04.2021.
c) Stamp Duty and Penalty should be paid for Mutual Agreement (Voppudala Khararunama) dated 07.04.2021
d) Correct provision of law should be mentioned for payment of Court Fee.
e) Deficit Court Fee should be paid,
f) Deficit Welfare Stamp should be paid,
g) Separate schedule copies - 2 Nos. should be filed.
iii. 15.06.2024 - Office Objection Nos. 1,2,3 & 5 were purportedly complied with. Insofar as the Office Objection No.1 is concerned, the Plaintiff has given the following explanation :
“1. Objection No.1 that: The defendants No.4 purchased the suit schedule property from the defendant No.5, dt: 07-04-2021 and on the same day, the defendants No.1 to 4 and plaintiff were entered in to the Mutual agreement (OPPUDALA KHARAARU). As per Mutual agreement between and defendants No.1 to 4 and plaintiff, were jointly purchased the suit schedule property on same day i.e. 07.04.2021. Thus, Mutual agreement dated : 07.04.2021 and agreement of sale dt; 07.04.2021 in each other documents are simultaneously linked documents. The defendant No. 4 being the as party to the agreement of sale Dated: 07.04.2021, and defendants No.1 to 4 and plaintiff were entered in to the mutual agreement. Hence, the plaintiff is filed the suit.”
iv. 28.06.2024 - Plaintiff was directed to comply with Office Objection Nos. 2 and 3.
v. 03.07.2024 - Office Objections were again purportedly complied with and the Plaint was re-represented,
vi. 09.09.2024 - the Office has returned the Plaint once again with the following objections:
“To state how this Suit is maintainable for the relief of specific performance.”
vii. 17.09.2024 - the Plaintiff/Revision Petitioner, purporting to have complied with the Office Objection, re-represented the Plaint once again on 17.09.2024 with the following clarifications ;
“Both the Documents i.e. Agreement of sale and Oppudala Kharaaru were written in one day and same timing i.e. defendants No. 1 to 4 and plaintiff, were Jointly purchased the suit schedule property on the same day i.e. 07-04.2021 and same is plea