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2023 Supreme(Online)(AP) 5490

HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY SATTI, J
Ansuri Venkatarao – Appellant
Versus
Bandaru Subba Lakshmi – Respondent


ORDER

Defendant in suit filed the above revision against the order dated 22.02.2022 in I.A.No.411 of 2021 in O.S.No.144 of

2018 on the file of Senior Civil Judge, Peddapuram.

2. Plaintiff filed the suit O.S.No.144 of 2018 against the defendants for recovery of arrears of rents.

3. Defendants filed written statement and are contesting the suit.

Page 2 of 6 2023:APHC:11346

4. Trial in the suit is commenced. When the suit is coming for the evidence of defendants, they filed I.A.No.411 of 2021 under Order VII Rule 11 r/w Section 94 and 151 of CPC to reject the plaint on the ground that it does not disclose cause of action.

5. In the affidavit filed in support of the petition, it was contended interalia that in cause of action Paragraph-8, the material particulars of cause of action are not mentioned. The suit is also bad for wrongful prosecution on the part of plaintiff. Necessary pleadings and material facts are absent in the plaint and hence, prayed the Court to reject the plaint.

6. Plaintiff filed counter and opposed the application.

7. Trial Court by order dated 22.02.2022 dismissed the application with exemplary costs of Rs.20,000/-. Aggrieved by the same, the present revision is filed.

8.

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