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HIGH COURT OF TELANGANA
R.C. Lahoti, J
Defendant No.22 – Appellant
Versus
Respondent No.1 – Plaintiff – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of plaint under cpc. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments regarding res judicata and limitation. (Para 10 , 11 , 12 , 17 , 18) |
| 3. background of property ownership and previous suit. (Para 13 , 14 , 15) |
| 4. legal standards for rejection of plaint. (Para 21 , 22 , 24 , 25) |
| 5. court's reasoning on trial necessity. (Para 26 , 30 , 31 , 39) |
| 6. final dismissal of the revision petition. (Para 42 , 43) |
ORDER
2. The present Civil Revision Petition is filed challenging the order dated 07.06.2023 in I.A. No.339 of 2021 in O.S. No.07 of 2021 passed by the Principal Senior Civil Judge at Hanumakonda, dismissing the petition filed under Order - VII, Rule 11 read with 151 of CPC.
4. For the sake of convenience, the parties hereinafter will be referred to as arrayed in O.S. No.7 of 2021.
i) The suit is barred by limitation;
iii) The decree in O.S. No.86 of 1970 was a compromise decree
6. Defendant Nos.25 to 28 filed their counter supporting the contention of defendant Nos.1 and 22 to 24.
8. Defendant Nos.5 and 6 filed counter on the very same lines of the plaintiff.
10. Challenging the said order dated 07.06.2023 defendant No.22 filed the present revision o
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