Mohd. Jaffar Ali v. Smt. Mudassir Begum

HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.115 of 2015 ORDER:

This revision is preferred against the orders of the VI Additional District Judge, Siddipet, dated 21.10.2014, in I.A.No.611 of 2014 in O.S.No.1 of 2009, whereunder the petition filed by revision petitioners herein is dismissed.

2. Petitioners herein filed the above I.A. invoking provisions of Order VII Rule 11(a) to (d) of C.P.C. read with Section 10 of C.P.C. and prayed for rejection of the plaint on the ground that on a similar issue A.S.No.777 of 2008 is pending before this Court. The learned trial Judge after elaborate discussion and considering the fact that petitioners earlier filed similar petitions and attempted to stall the proceedings of the suit, dismissed the petition. Aggrieved by it, the present revision is preferred.

3. I have perused the material papers filed along with the revision and also impugned order, dated 21.10.2014. Order VII Rule 11 of C.P.C. contemplates specific grounds for rejection of the plaint. As seen from the affidavit filed in support of I.A.No.611 of 2014, none of those grounds are attracted to consider the request of revision petitioners to invoke the provisions of Order VII Rule 11 of C.P.C. Learned trial Judge considered not only the provisions of Order VII Rule 11 of C.P.C. but also considered the fact that petitioners earlier filed I.A.No.195 of 2014 for the same relief and that petition was disposed of by framing

some additional issues, but again filed present petition for rejection of the plaint. I do not find any wrong appreciation of facts or wrong application of law by the trial Court and the learned trial Judge rightly dismissed the petition and that there are absolutely no grounds to interfere with the orders of the trial Court.

4. For these reasons, the revision is dismissed at admission stage. No costs.

5. Miscellaneous Petitions, if any, shall stand dismissed.

__________________ S. RAVI KUMAR, J 23rd January 2015.

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