C. VENKATA RAMAMA REDDY AND ANOTHER Vs. VADHIBOYANA VENKATA KRISHNA REDDY REP. BY GPA HOLDER VADHIBOYINA YANDADHI REDDYAND AND OTHERS

JUDGEMENT

(1.) Challenge in this CRP at the instance of the petitioners/defendants is the order dated 27.06.2017 in I.A. No. 606 of 2017 in O.S. No.110 of 2011 on the file of IV Additional District Judge, Kadapa, whereby the learned Judge dismissed the petition filed under Order 7 Rule 11 r/w section 151 CPC by the defendants to reject the plaint as the suit was barred by law.

(2.) The respondents/plaintiffs filed O.S.No.110/2011 before the Principal District Judge, Kadapa, for a decree against defendants to repay Rs. 29,60,600/- along with interest at 18% p.a. received by the defendants as consideration to marry plaintiff No.2 by defendant No.1 and also to direct defendants to return 35 Tolas of gold ornaments or their worth of Rs. 9,27,500/- with interest.

(3.) The suit was made over to the Court of IV Additional District Judge-cum-Special Judge for Trial of Cases under SCs/STs (POA) Act, Kadapa. Pending the suit, the defendants filed I.A.No.606/2017 under Order 7 Rule 11 r/w section 151 CPC to reject the plaint on the ground that the money decree sought by the plaintiffs is in respect of the dowry and gold ornaments allegedly presented by them in consideration of the marriage and as giving and taking dowry is an offence under section 7 of the Dowry Prohibition Act, 1961, seeking recovery of the dowry amount and gold ornaments is not maintainable under Dowry Prohibition Act and also under section 23 of Indian Contract Act. The respondents/plaintiffs opposed the said petition. The IV Additional District Judge, Kadapa, in the impugned order dismissed the said petition relying upon the decision of this Court in Smt. G. Renuka v. M. Papa Rao, AIR 1995 AP 130 . Hence the instant CRP.