Civil Revision Petition No. 1260 of 2011 · High Court · 2011
Case at a glance
Outcome
Allowed
In view of the above, the Civil Revision Petition is allowed and the
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 s. 26
Judgment
Operative part
The petitioners-plaintiffs filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 04.08.2010 passed in O.S.S.R.No.21534 of 2010 on the file of the Chief Judge, City Civil Court, Hyderabad, in rejecting the plaint, as not maintainable, which was filed under Section 26 read with Order VII Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking possession, damages, partition, separate possession and perpetual injunction. The main reason given by the Court below while rejecting the plaint is that the reliefs, as claimed, vary with each other and as such the suit is not maintainable. Having heard the submissions made and on perusal of the material available on record, it is seen that the Courts should be very cautious while dealing with the suits or plaints at the inception stage and the question of rejecting and dismissing touching upon the merits as to the entitlement or otherwise should be decided only after appearance of either side but not at the inception itself. In view of the above, the Civil Revision Petition is allowed and the order dated 04.08.2010 in O.S.S.R.No.21534 of 2010 is set aside. The Court below shall process the suit and after numbering, dispose of the same on merits in accordance with law after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) 25th April 2011 RRB
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the Civil Revision Petition is allowed and the
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908 — s. 26.
Which court decided this case, and when?
Andhra Pradesh High Court, on 25 Apr 2011. The bench was B PRAKASH RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.