VADLA NARASIMHAIAH Vs. VADLA KONDAIAH

JUDGEMENT

(1.) The Respondent Nos. 1 to 3 herein instituted a suit in O.S. No. 24 of 2008 on the file of the Senior Civil Judge, Wanaparthi, for correction of entries in the revenue records. In that suit, the official Respondents 4 and 5 herein are shown as Defendants 6 and 7. The Petitioners, who are Defendants 1 to 5, filed written statement. On the basis of which, issues have been settled. When the trial is in progress and some witnesses have been examined, an application in I.A. No. 176 of 2009 in O.S. No. 24 of 2008 was filed by the Petitioners under Order VII Rule 11(a) and (d) of Code of Civil Procedure stating that the plaint has to be rejected. The trial Court having heard both the counsel appearing on either side, vide its order dated 09-04-2009, while rejecting the contentions advanced by the learned Counsel for the Defendants, passed an order directing the Plaintiffs to delete D-6 and D-7 from the array of the suit. The order is questioned by the Defendants 1 to 5 in this revision petition.

(2.) Sri G. Madhusudhan Reddy, learned Counsel for the Petitioners, has mainly contended that the Respondents 1 to 3 filed the suit suppressing so many facts, and in fact, there was prior litigation between the parties i.e. the Petitioners herein and Respondents 1 to 3, and the revenue authorities have already decided the litigation. But suppressing those things, the present suit has been filed, as such, the trial Court shall reject the plaint.

(3.) Heard both the counsel and perused the material placed on record.