PANTA RAMA CHANDRA REDDY Vs. BONTHALA SURESH

JUDGEMENT

(1.) The civil revision petition is filed under Article 227 of the Constitution of India against the order dtd. 21/10/2021 in I.A.No.274 of 2025 (old number I.A.No.240 of 2021) in O.S.No.861 of 2024 (old number O.S.No.1130 of 2021) on the file of the Court of Principal Civil Judge (Junior Division), Nandyal [previously on the file of the Court of IV Additional Junior Civil Judge, Kurnool].

(2.) The respondent No.1 herein filed suit against the revision petitioner/defendant No.1 and the respondent No.2/ defendant No.2 for recovery of Rs.18,11,018.00 based on promissory note executed by defendant No.2 in favour of defendant No.1 and the same was subsequently transferred by the defendant No.1 in favour of the plaintiff.

(3.) Along with the suit, I.A.No.240 of 2021 was filed under Order XXXVIII, rule 5 of C.P.C. The trial Court i.e., IV Additional Junior Civil Judge, Kurnool, on 21/10/2021, granted ex parte interim order of attachment before judgment. Later, I.A.No.375 of 2024 was filed by the plaintiff under Order VII, rule 10 C.P.C. before the same Court. Vide order dtd. 12/11/2024, the trial Court allowed I.A.No.375 of 2024 for return of the suit on the ground of territorial jurisdiction and directed to file in proper court within a week. As such, the suit was represented before the Court of Principal Civil Judge (Junior Division), Nandyal. The office of that Court placed a note on 4/12/2024 seeking permission to renumber the suit in view of the order dtd. 12/11/2024 in I.A.No.375 of 2024. Thus, on 6/12/2024, the said Court issued notices to the defendant and called for records from Principal Civil Judge (Junior Division), Kurnool [sic IV Additional Junior Civil Judge, Kurnool].