B. RANGAIAH Vs. P. SRINIVAS

JUDGEMENT

(1.) This revision arises out of order dated 22.08.2019 in I.A.No.487 of 2013 in O.S.No.525 of 2012 passed by the III Additional Chief Judge, City Civil Court, Hyderabad dismissing a petition filed under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 seeking rejection of plaint.

(2.) The petitioners are the defendant Nos.1 to 5, the respondent Nos.1 to 3 are the plaintiffs and the respondent Nos.4 and 5 are the defendant Nos.6 and 7 in O.S.No.525 of 2012. The respondent Nos.1 to 3/plaintiffs instituted the suit claiming the following reliefs:

(3.) The application in IA.No.487 of 2013 was filed by the petitioners/defendants 1 to 5 for rejection of plaint under Order VII Rule 11 read with Section 151 CPC. Inter alia, it is stated by the petitioners in the affidavit that as per the docket of the plaint, the suit was filed on 27.08.2011. If the said date is taken as filing date, no decree was passed as on that date in O.S.No.1478 of 2003 filed by the petitioners, as the decree in the said suit was passed on 26.03.2012. Thus, there was no cause of action to institute the suit in O.S.No.525 of 2012 on 27.08.2011. The suit should not have been numbered and the same has to be rejected. If the date of filing of the suit is taken subsequent to passing of the decree in O.S.No.1478 of 2003 i.e. after 26.03.2012, there is no limitation for claiming the relief sought in the plaint, thus, the suit is barred by limitation and on that ground, the suit is liable to be rejected.