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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Manchikatla Prabhakar - Appellant
Versus
Manchikatla Venkata Swamy and Others - Respondents
Civil Revision Petition No. 1206 of 2023
Decided On : 30-07-2024
Certainly. Based on the provided legal document, here are the key points summarized:
The court upheld the rejection of the plaint due to non-compliance with procedural requirements, specifically the failure to produce necessary documents such as market valuation certificates and evidence of joint family funds (!) (!) (!) (!) .
The plaintiff did not file the requisite documents showing ownership or joint ownership of the properties, nor did they provide sufficient evidence to establish a cause of action for partition (!) (!) .
The legal presumption in Hindu family law is that families are presumed to be joint unless proven otherwise. The burden of proof lies with the plaintiff to demonstrate joint ownership and acquisition of the properties using appropriate documents [paras 4, 7, 21].
The court emphasized that the production of original or certified copies of documents is necessary and that such documents should be filed at the time of presenting the plaint or during the trial, as per procedural rules [Order VII Rule 14].
The rejection of the plaint was justified because the plaintiff failed to comply with the procedural requirements, including filing valuation certificates and relevant documents supporting their claim (!) (!) (!) .
The court clarified that objections regarding documentary insufficiency and procedural non-compliance are valid grounds for rejection under Order VII Rule 11 of the Civil Procedure Code (!) (!) .
The order of rejection is considered a decree, and the proper remedy for such an order is to file a first appeal under section 96 of the Civil Procedure Code (!) (!) .
The court noted that the revision petitioner had the opportunity to file a fresh suit or rectify procedural deficiencies but chose to challenge the rejection through a revision petition, which was not appropriate given the circumstances (!) (!) .
The court dismissed the revision petition, affirming the trial court’s decision, and clarified that this order does not bar the petitioner from filing a new suit and pursuing legal remedies available under law (!) .
The procedural provisions regarding the rejection of plaints and the importance of compliance with documentary and valuation requirements were underscored, emphasizing that non-compliance justifies rejection (!) (!) .
The court highlighted that objections related to the sufficiency of documents and valuation certificates are valid and that the plaintiff's failure to produce these documents at the initial stage justifies the rejection of the plaint (!) (!) .
The order also clarified that objections regarding the absence of original or certified copies and the non-filing of proper valuation certificates are procedural lapses that impact the maintainability of the suit (!) (!) .
The court reaffirmed that procedural rules are mandatory, and non-compliance can lead to the rejection of the plaint, with the remedy being an appeal rather than a revision (!) (!) .
The court concluded that the procedural deficiencies and non-compliance with Order VII Rules 11 and 14 of CPC justified the rejection of the plaint, and there was no illegality or infirmity in the impugned order warranting interference (!) (!) .
The order specifies that the dismissal of the revision petition does not prevent the petitioner from filing a fresh suit or pursuing other legal remedies as per law (!) .
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| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. plaintiff's reliance on legal precedents. (Para 4 , 12) |
| 3. court's scrutiny of plaint and obligations of the plaintiff. (Para 5 , 10 , 13) |
| 4. legal standards for rejecting a plaint. (Para 8 , 9 , 14) |
| 5. final dismissal of the revision petition. (Para 22) |
1. This revision petition has been filed against the docket order dated 10.03.2023 passed in SR. No.14 of 2023 in un-registered suit of 2023 on the file of the Additional District Judge, Godavarikhani.
2. The revision petitioner herein is the plaintiff and the respondents/defendants 1 to 4 herein are the natural brothers, respondent/defendant No.5 is the only daughter and the respondent/defendant No.6 is their mother.
3. It is the case of the revision petitioner that he filed unregistered suit of 2023 for partition and separate possession over the suit schedule properties. The learned trial Court at the initial stage had taken certain objections for which the petitioner answered and the learned trial Court having not satisfied with the same, had rejected the plaint holding that the revision petitioner/plaintiff did not file the market valuation certificates of all the suit schedule properties except Item No.14/A, 14/B and 14/C to assess the correct valuation of the suit schedule properties and failed to produce the documents showing the joint family funds for acquiring and for subsequently constructing the suit schedule properties by the defendants No.1 and 2 and also that the plaintiff did not file the documents to show the ownership of the schedule properties of Item No.1 to 15 except Item No.14/A, 14/B and 14/C and failed to comply with the objections. Assailing the 3 same, the revision petitioner/plaintiff filed the present revision petition.
4. The learned counsel for the revision petitioner would submit that the learned trial Court had mainly rejected the plaint for non filing of the original documents/certified copies including the market value certificate of the suit scheduled property which can be summoned from the respondents/defendants at a later point of suit trial. The learned trial Court without doing so had rejected the plaint in toto. To substantiate the case of the revision petitioner/plaintiff, the learned counsel has placed reliance on the judgment reported in the case of Jaganath Misra and others Vs. Lokanath Misra and another , AIR 1981 ORISSA 52 and would submit that the presumption of law is that all Hindu families are joint unless the contrary is proved and the onus is on the defendants to prove that there has been severance of the joint status. He also placed reliance in the case of Mohd. Osman Ali Vs. Second Junior Civil Judge, City Civil Court, Hyderabad and another , 2010 (5) ALT 411 and would submit that at the stage of scrutiny and registration of suit it is no part of duty of Court to insist on production of sufficient documentary evidence in support of his prayer in the suit and the plaintiff loses the suit if he does not produce proper material.
5. Heard the learned counsel for the revision petitioner/plaintiff and perused the material made available on the record.
6. The main grievance of the revision petitioner/plaintiff is that the learned trial Court ought not to have rejected the plaint during the course of scrutiny and the respondents/defendants could be summoned during the course of trial for the required documents.
7. In the grounds urged by the revision petitioner it is submitted that the Order under revision is against the basic principles of law and against the scope of Order VII Rule 11 of CPC and against the settled positions of law relating to the legal presumptions available to plaintiff in a suit for partition and separate possession among Hindus as they all are governed by Hindu Mithakshara Law. It is also urged that every Hindu Family is deemed to be a Joint Family unless the contrary is proved with sufficient documentary proof and evidence. The trial Court ha
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 ....
The judgment establishes the principle that the scope of revisional powers of the High Court under Section 115 of the CPC is limited to the irregular exercise or non-exercise of jurisdiction, and doe....
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.
Rejection of plaint – Plaint cannot be rejected in part.
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