DANTALA PRAVEEN Vs. BAIRABOINA VEERAMMA

JUDGEMENT

(1.) This Civil Revision Petition arises out of order dated 30-5-2011 in O.S.S.R. No. 685/2011 on the file of II Additional District Judge, Nalgonda.

(2.) Since the impugned order was passed even before process was issued to the proposed Defendants in the suit, it is not necessary to put them on notice.

(3.) The Petitioner is the Plaintiff in the above noted suit filed for specific performance of agreement of sale dated 30-3-2008 in respect of Ac.0-15 guntas in Sy. Nos. 228 and Ac.0-33 guntas in Sy. No. 232, Bebigudem village of Chivemula Mandal, Nalgonda District. When the suit was presented, an objection regarding court fee was initially raised and the plaint was returned on 15-3-2011. After compliance of the said objections, when the plaint was resubmitted, the same was rejected by the order under revision. The reason for rejection of the plaint by the court below is that there is a material discrepancy regarding survey numbers between the agreement of sale and the plaint. The court below purporting to rely upon a judgment of the Supreme Court, reference to which has not been made in the order, to the effect that the boundaries prevail over the survey numbers, rejected the plaint in view of the said discrepancy.