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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sujana
S. Udaya – Appellant
Versus
S. Sandhya – Respondent
ORDER :
K. Sujana, J.
Challenging the order dated 23.08.2023 passed in I.A.No.135 of 2023 in O.S.No.7 of 2023 by the II Additional District Judge, Warangal, the present civil revision petition is filed by the petitioner/defendant No.2.
2. The brief facts of the case are that respondent Nos.1 and 2 instituted O.S.No.7 of 2023, seeking partition and separate possession of the suit schedule property. In response, the petitioner, who is the defendant in the suit, filed I.A.No.135 of 2023 to reject the plaint. The primary contention of the petitioner before the trial Court was that the plaintiffs lacked the requisite authority to file the suit, specifically with regard to item Nos.2 to 4 of the scheduled properties. Furthermore, the petitioner contended that the plaintiffs had never been in possession of the scheduled properties. The petitioner also pointed out that the plaintiffs have not paid the required ad- valorem court fee, which is a mandatory pre-requisite for filing a suit. The respondents countered these averments before the trial Court by asserting that the GPA holder had the necessary authority to file the suit on behalf of the plaintiffs. Additionally, the respondents argued
The authority of a GPA holder must comprehensively cover all properties involved in a suit, and insufficient court fee constitutes a curable defect.
A partition suit can proceed if the plaint discloses a cause of action, and issues of limitation and court fees will be determined at trial.
In a suit for partition of joint family property, where the plaintiffs claim joint possession, a fixed Court fee of Rs.200.00 is payable under Sec 34(2) of APCF and SC Act.
The rejection of plaint is valid under mandatory provisions when the plaintiff fails to provide necessary documentation to support their claim for partition.
A plaint can be rejected under Order VII Rule 11 if it fails to disclose a cause of action, and the burden lies on the plaintiff to provide necessary documentation to substantiate claims, especially ....
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
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