B HANUMANTHA REDDY Vs. R LAKSHMAMMA

JUDGEMENT

(1.) This revision arises out of the order of the learned Principal Subordinate Judge, Ranga Reddy District, rejecting the application filed by the petitioner under Order 7 Rule 11 of Civil Procedure Code, to reject the plaint in O.S. No.514/90 in view of Order 23 Rule 3-A of CPC.

(2.) Respondents 3,4, 8 and father of respondents 5 to 7 filed O.S. No.45/85 before the Court of the Principal Subordinate Judge, Ranga Reddy District, for declaration of their title and recovery of plaint schedule properties against the petitioner and respondents 1 and 2. The said suit was dismissed on 31-8-88 and the plaintiffs preferred AS. No.9/89 in the Court of the Addl. Dt. Judge, Ranga Reddy. The matter was compromised between the parties on 19-6-90 based on a compromise memo filed by the parties and the suit O.S. No.45/88 was decreed in terms of the compromise setting aside the decree dated 31-8-88.

(3.) Respondents 1 and 2, who are respondents 1 and 3 in A.S. No.9/89, filed O.S. No.514/90, praying for partition of the plaint schedule properties into three equal shares and for cancellation of the compromise decree in A.S. No.9/ 89 dated 19-6-90. The petitioner, who is the first defendant in the said suit, filed I.A. No.337/92 praying for rejection of the plaint under Order 7 Rule ll(d) in view of Order 23 Rule 3-A of CPC. The learned Judge dismissed the application, holding that the suit is maintainable and that the plaint cannot be rejected.