MOHAMMED RASHEEDUILAH KHAN Vs. SYED FAREES AHMED

JUDGEMENT

(1.) This Civil Revision Petition is filed questioning the validity and legality of the order dtd. 18/7/2022 in I.A.No.457 of 2017 in O.S.No.599 of 2016 on the file of the learned X Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The petitioner/defendant No.2 has filed this application in I.A.No.457 of 2017 under Order VII, Rule 11(d) read with Sec. 151 of Civil Procedure Code (for short 'CPC') with a prayer to reject the plaint in O.S.No.599 of 2016. The learned Judge of the trial Court, upon considering the rival contentions, pleadings and material available on record, has dismissed the said application filed by defendant No.2. Feeling aggrieved by the said order dtd. 18/7/2022 the defendant No.2 has filed this civil revision petition alleging that the respondent/plaintiff is claiming right of pre-emption, in-fact the Original Suit is only based on such right and it is liable to be rejected under Order VII, Rule 11(d) of CPC, the orders of the trial Court are contrary to the settled principles of law and are liable to be set aside.

(3.) Heard learned counsel for revision petitioner/ defendant No.2 and respondent No.1/plaintiff. Defendant No.1/respondent No.2 is shown as not a necessary party to the proceedings in I.A.No.457 of 2017 and that in the cause title of this civil revision petition it is mentioned that respondent/ defendant No.1 is not a necessary party to the petition. The submissions made on behalf of revision petitioner/defendant No.2 and respondent No.1/plaintiff have received due consideration of this Court.