Madhava Reddy v. Tahsildar,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.5210 of 2015 ORDER:

This Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 by the plaintiffs in an unregistered suit in OS (SR) 205 of 2015 on the file of the Court of the learned Junior Civil Judge, Atmakur is directed against the orders of the Court below dated 15.10.2015, whereby, the said Court has returned the plaint with certain office objections.

2. I have heard the submissions of the learned counsel for the plaintiffs/revision petitioners. I have perused the material record.

3. As per the submissions made at the hearing, the plaintiffs/revision petitioners brought a suit against the Tahasildar concerned for declaration that the plaintiffs are the legal heirs of one late Ayyalappa, they being his grandsons. At the time of the scrutiny, the office of the court below returned the plaint with seven objections. When the plaint is returned by the Court below with certain office objections, the plaintiffs ought to have complied with the objections raised or in the alternative they ought to have explained with reasons as to why the objections need not be complied with and should have re-presented the plaint to the Court below. However, without doing so, the plaintiffs had preferred this revision petition.

4. At the hearing, the learned counsel fairly submits that the revision petition may be disposed of giving liberty to the plaintiffs to re-present the plaint duly answering the objections.

5. Recording the submissions, the Civil Revision Petition is disposed of granting fifteen (15) days time to the plaintiffs from the date of receipt of a copy of this order to re-present the plaint after duly answering the office objections raised by the trial Court.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this revision shall stand closed.

_____________________ M.SEETHARAMA MURTI, J 19th February 2016 RAR