CHERUVU AUDISESHAIAH Vs. NAGARAJAPALLI

JUDGEMENT

(1.) The present Civil Revision Petition is filed by the petitioners aggrieved by the Order dtd. 6/9/2023 made in C.F.No.1810 of 2023 in O.S.No.____ of 2023, on the file of the Principal Junior Civil Judge, Gudur.

(2.) The petitioners filed the said suit for cancellation of registered sale deed dtd. 19/1/2016 executed by him and his mother in favour of the NJS,J CRP_2454_2023 1st defendant as it was sham and nominal and to declare that the registered sale deed dtd. 28/6/2023 executed by the 1st defendant in favour of the 2nd defendant is void, non-est in the eye of law and not binding on the plaintiffs and for consequential permanent injunction restraining the defendants and their men from ever interfering with the enjoyment of the plaintiffs over the plaint schedule property and for other reliefs. At the time of scrutiny, the plaint was returned with certain objections and after compliance with the same, the impugned order came to be passed.

(3.) The learned counsel for the petitioners, inter alia, contends that the learned Trial Court erred in returning the plaint without numbering the same on the aspect of Court Fees and by examining the documents filed along with the plaint. He submits that at the time of numbering of the suit, the learned Trial Court could not have conducted roving enquiry with regard to the relief sought for and further that the learned Trial Judge failed to consider that the aspect of limitation as well as sufficiency of the Court Fees is a mixed question of fact and law which requires elaborate enquiry by conducting trial.