SOMPALLI VENKATARATHAM Vs. KILARI LINGAIAH

JUDGEMENT

(1.) This matter is placed before the Court on a note put up by the office, in relation to maintainability.

(2.) The appellants filed a suit claiming various amounts towards damages. The appellants are the owners of the lands in various survey numbers in Chellapanaidupalli Village of Nellore District. It is their case that the lands in neighbouring survey numbers, belonging to the defendants, were converted into fish and prawn tanks and thereby the lands of the appellants were rendered unfit for cultivation. The Trial Court rejected the plaint through its order dated 17-3-2004, on taking the view that the causes of action for the individual appellants herein are different, and single suit by all of them cannot be maintained. It was also pointed out in the order that, if individual claims are taken into account, the corresponding suits have to be filed in the Court of Junior Civil Judge, having territorial jurisdiction over the matter.

(3.) The appellants filed the C.M.A., under Order 43, Rule 1 C.P.C. against the order rejecting the plaint. The office raised an objection to the effect that appeal under Order 43, Rule 1, cannot be maintained, against such an order. Learned Counsel for the appellants re-presented the matter with an endorsement to the effect that the rejection of plaint is a deemed decree under Section 2(2) of CPC, and as such CMA under Order 43, Rule 1 C.P.C., is maintainable.