ORDER

The above revision is filed against the docket order dated 20.08.2022 in CFR No.3584 of 2022 passed by the learned Principal District Judge, Guntur, returning the plaint.

2. Plaintiffs filed the suit, CFR No.3584 of 2022, seeking the following reliefs:

(a) for partition of plaint “A” schedule properties into 12 equal shares and for separate possession of 10 such shares to the plaintiffs and for separate possession of one such share each to defendants 1 and 2;

(b) for declaration that the exparte divorce decree dated

07.09.2016 made in HMOP No.64 of 2016 on the file of Senior Civil Judge, Narsaraopet is vitiated by playing fraud both on 2nd defendant and the Court and declare the same as void and consequently the marriage of 3rd defendant with deceased Nageswara Rao is invalid and do not confer any status on 3rd defendant;

(c) for declaration that deceased Nageswararao along with

3rd defendant in collusion with each and violation of Lok Adalat award dated 08.12.2018 passed in PLC No.86 of 2018 on the file of Legal Services Authority, Sattenapalli fraudulently and deceitfully obtained loan from 5th defendant on 24.12.2018 without any necessity for the joint family and utilized the loan amount for purchase of “B” schedule property and declare that the 5th defendant is entitled to proceed personally against the 3rd defendant and “B” schedule property for realization of the loan amount without causing any loss to the plaintiffs and their properties etc.

3. In the plaint, it was contended interalia that plaintiffs’ father is late Nageswararao and mother is 2nd defendant in the suit. The marriage between Nageswararao and 2nd defendant was solemnized on 09.05.1999. Nageswararao got two brothers by name Srinivasarao and Rajendra Prasad and their father’s name is Chandraiah and mother Subbayamma, 1st defendant in the suit. Nageswararao and his family members alienated the ancestral joint family properties situated at Mulakaluru. The husband of 2nd defendant and father of plaintiffs began acquiring properties, described in the plaint schedule from 2010 onwards and constructions were made in suit schedule property. Plaintiffs and their father enjoyed the schedule properties jointly. 2nd defendant’s husband fraudulently got a decree in HMOP No.64 of 2016 on the file of Senior Civil Judge, Sattenapalli against 2nd defendant, behind her back and decree for divorce was granted on 07.09.2016. In the cause title of said HMOP, the addresses of petitioner and respondent are shown as one and the same. Plaintiff’s mother, i.e. 2nd defendant was misled and hence, failed to take proper steps. The 2nd defendant filed PLC No.86 of 2018 before the Legal Services Authority, Sattenapalli and the authority passed an award dated 08.12.2018 and without complying with the terms of the award, husband of 2nd defendant and father of plaintiffs, obtained loan from 5th defendant bank by playing fraud and in violation of terms of award. The father of plaintiffs executed a registered gift deed dated 23.03.2021 in favour of 3rd defendant and the said gift deed is without the consent of the plaintiffs. Plaintiffs ignored the gift deed executed by Nageswararao since the plaintiffs are also having a share. Eventually Nageswararao died due to cancer on 17.10.2021. The marriage of 3rd defendant with Nageswararao took place in the year 2017 is not valid and thus, filed the suit for the reliefs stated supra.

4. When the plaint was presented, it was returned with the following objections:

(1) How the reliefs of declaration mentioned as (b) and (c) is maintainable in this suit, as both the items are still unchallenged one, as this Court has not got jurisdiction to solve the dispute in question as mentioned in (b) and (c) of prayers.

(2) How the CF is paid under Section 34 (3) of APCF &

SV Act instead of 34 (1) of Act.

(3) Affidavit under Rule 172 of CRP to be filed as the 2nd plaintiff is being minor.

(4) Form-8 valuation slip to be filed.

(5) Family member certificate of plaintiff