High Court for State of TelanganaCRP/909/2016dismissed no costs

Pithani Venkateswara Rao v. Mattaparthi Sai Prasad

2016-03-04R.Kantha Rao2 pages

HON'BLE SRI JUSTICE R. KANTHA RAO Civil Revision Petition No.909 of 2016 ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India, against the order dated 04.09.2015 in OS SR No.2194 of 2015 on the file of the Senior Civil Judge, Amalapuram, in rejecting the plaint under Order 7 Rule 11(d) CPC.

2. There is a specific provision under CPC to file an appeal against the order of rejection of plaint. Therefore, the civil revision petition is not maintainable under Article 227 of the Constitution of India.

3. Hence, the civil revision petition is dismissed giving liberty to the petitioner to file an appeal before the appropriate court. No order as to costs. Miscellaneous petitions, pending if any in this petition, shall stand closed.

_________________ R. KANTHA RAO, J Date: 04.03.2016 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Civil Revision Petition No.909 of 2016

Date: 04.03.2016 BSS