V. VARAHALA RAJU Vs. PRAJAY ENGINEERS SYNDICATE

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order, dated 17.12.2020, passed in OS SR No.2670 of 2020 on the file of the Senior Civil Judge, Ranga Reddy District at Medchal, wherein and whereby the Court below returned the plaint filed by the petitioners/plaintiffs on the ground that the suit is not maintainable.

(2.) Heard learned counsel for the petitioners.

(3.) Learned counsel for the petitioners submits that the Court below has no power to return the plaint and the Court below ought to have considered that a plaint can be returned under the provisions of Order - VII Rule - 10 CPC only on the ground of territorial jurisdiction, as such returning of the suit is erroneous. She also submits that the present suit is not barred by any law, as such the suit is maintainable in respect of any civil right by virtue of Section 9 CPC. It is for the plaintiff in a suit to seek relief in accordance with the facts and circumstances of the case and the plaintiff cannot be forced to file a suit for declaration of title especially when there is no cloud in the title of plaintiff and in the present case, the petitioners thought that declaration for confirmation of possession is sufficient and the Court below is not justified in returning the plaint on the ground that the petitioners have not sought for the prayer for declaration of title. She also submits that even for rejection of the plaint, the Court below should follow the paramaters of Order-VII Rule-11 CPC. The Court below has not returned the plaint on any grounds mentioned under Order-VII Rule 11 CPC, as such the impugned order in returning the suit is erroneous and without application of mind.