G. Ravi Shankar Yadav v. Morusu Ashok Reddy

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION NO.3349 OF 2015 ORDER:

This Civil Revision Petition is filed challenging the docket order, dated 22-07-2015 in O.S.No.89 of 2013 on the file of the Senior Civil Judge, Siddipet.

2.

Petitioner herein is the defendant, whereas the 1st respondent herein is the plaintiff and the respondents 2 and 3 are defendants 2 and 3 in O.S.No.89 of 2013, which was filed for recovery of an amount of Rs.10,00,000/-.

3. The learned Senior Civil Judge, Siddipet, vide docket order, dated 22-07-2015 passed an order holding that it has no pecuniary jurisdiction as on the date of filing of the suit and accordingly directed to return the plaint to the plaintiff. He also directed the parties to appear before the VI Additional District Court, Siddipet on 05-08-2015.

4. This revision is filed challenging the latter portion of the said order directing the parties to appear before the VI Additional District Court, Siddipet.

5.

In spite of service of notice on the 1st respondent, none appeared for the 1st respondent. The direction of the learned Senior Civil Judge, Siddipet is clearly wrong as it is for the plaintiff to present the plaint before proper Court. In the circumstances, while upholding the order of the learned Senior Civil Judge, Siddipet to the extent of returning the plaint to the plaintiff for presentation before proper Court, the order with regard to direction given to the parties to appear before the VI Additional District Court, Siddipet, is set aside.

6. Accordingly, the Civil Revision Petition is partly allowed. No order as to costs. Miscellaneous petitions, if any pending in this petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J DATED: 20-01-2016 Hsd