G. VENKATA SWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE respondents filed O.S No. 658 of 2009 in the Court of III Additional Chief Judge, City Civil Court, Hyderabad against the petitioners for the relief of declaration of title and perpetual injunction, in respect of the suit schedule property. The petitioners opposed the suit by filing a written statement.

(2.) THE trial of the suit commenced. Half way through, the petitioners filed I.A No.2346 of 2011 under Order VII Rule 11 CPC, with a prayer to reject the plaint. Their contention was that the suit is devoid of cause of action and is barred by limitation. The trial Court has taken up enquiry into I.A No.2346 of 2011. At that stage, the petitioners filed I.A No. 486 of 2014 under Order VIII Rule 1 (3) read with Section 151 CPC, with a prayer to receive certain documents. According to them, the documents mentioned in the petition, though were referred to in the plaint, were not filed into the trial Court and a perusal of the same is essential to decide the question of limitation or rejection of the plaint. The respondents opposed the application by filing counter. The trial Court dismissed the I.A through its order dated 16 -04 -2014. Hence, this revision.

(3.) LEARNED Advocate General for the respondents, on the other hand, submits that while examining an application filed under Order VII Rule 11 CPC, the Court has to just take the averments in, or contents of the plaint on their face value and it is not permissible to look into any other external material. He submits that the application was filed with a view to drag on the suit and the trial Court has rightly rejected the same.