MALKAPURAM ANANTH REDDY Vs. MALKAPURAM GOPAL REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed aggrieved by the order, dtd. 25/1/2022, passed in I.A.No.478 of 2022 in O.S.No.8 of 2014 by the learned Senior Civil Judge at Chevella, R.R.District.

(2.) O.S.No.8 of 2014 is filed by respondents/plaintiffs for declaration, rectification of entries and for perpetual injunction against the petitioner/defendant. During the pendency of the suit, I.A.No.478 of 2022 was filed by petitioner/defendant for rejection of the plaint. The trial Court dismissed the application. Aggrieved by the order of the trial Court, petitioner/defendant preferred the present Civil Revision Petition.

(3.) Learned counsel for petitioner relied upon a law laid down by the Hon'ble Apex Court in Dahiben Vs.Arvindhbhai Kalyanji Bhanusali,(2020) 7 SCC 366 in which on page 380, para 24.4, it was held that, it is the duty of the Court to reject a plaint at the earliest stage if by clever drafting of plaint, a plaintiff has created the illusion of cause of action. It was further held that the Court must be vigilant against any camouflage or suppression and determine whether the litigation is utterly vexatious and abuse of process of the Court.