RATMAKRISHNA RAO Vs. SURYA RAO

JUDGEMENT

(1.) This Civil Revision petition is preferred against an order of the learned Principal District Munsif, Tanuku over-ruling the objections raised by the first defendant in the proposed suit and directing that the suit be numberd. The facts of this case, which are rather unusal, need be stated to the extent they are relevant for the purpose of this revision. The first defendant-revision petitioner (Hereinafter referred to as "the Petiiioner") says that he passed his B.L. in First Class in 1961. He also passed written examination of ML. Dergee in 1963. In the same year he was enrolled as an advocate and is practising at Tanuku since then. In August, 1978 he was appointed as aa assistant Government Pleader. One Chamakura Satyanarayana Murthy, an advocate of Tanuku Bar filed W.P. No. 4612 of 1978 challenging the said appointment, But later it was dismissed as withdrawn. Later another writ petition was filed in W.P. No. 2994 of 1979 but it is said to have been dismissed at the admisseon stage. Then two other members of Tanuku bar filed W.P. No 5587 of 1979. this writ petition came to be allowed on 20.8.1980 by this Court, holding that the petitioner's appointment was made in violation of Rule 7 (c) of Law Officer's Recruitment Rules. The present suit was instituted on 5.9.1980 and the reliefs sought for as set out in para 16 of the plaint are the following: (a) To declare that the B.L. Degree and qualification of the 1st defendant is as invalid, illegal, unenforceable, fraudulent and liable to be cancelled. (b) to issue a mandatory injunction against D.2, D.3, and D.5 to remove the 1st defendant from their rolls as B.L. Degree holder, as an advocate and as a graduate voter respectively. (c) To issue a preventive injunction against D. 4 not to entertain the first defendant as a B. L. Degree holder for any public post or panel and; to grant costs oi this suit and such other relief or reliefs under the circrmstances of the case as the court deems fit."

(2.) It may be stated that the plaintiffs impleaded five persons as defendants in the suit. They are: (i) the petitioner (ii) the Registrar, Andhra University, Waltair (iii) The Secretary, Bar council of State of Andbra Pradesh, Hyderabad (iv) The District Collector, West Godavari, Eiuru and (v), The Electoral Officer, Graduates Constituency, Central Circars, Kakmada East Godavari District.

(3.) Even before the suit was numbered, the petitioner filed an objection petition before the court not to number the suit since it does not disclose any cause of action and also on the ground that it is barred by limitation. The objections were over-ruled by the Gourt-below which directed the suit to be numbered. As against, the present civil revision petition it filed,