KOTAMREDDI SUBBA REDDI Vs. PERUMAREDDI VENKATANARASIMHARREDDI

JUDGEMENT

(1.) This is a Civil Miscellaneous Appeal against the order of the District Judge of Nellore refusing to receive a plaint.

(2.) A preliminary objection has been taken that no appeal lies and it is conceded that no appeal lies. A revision petition has been filed and I therefore propose to deal with the said petition.

(3.) The suit was to recover a sum of Rs. 8,131-13-0 upon a promissory note executed by defendants 1, 5 and 8 in favour of the plaintiff and also for a declaration that a certain mortgage executed by the eighth defendant in favour of the ninth defendant is void and not binding upon the creditors of the family of defendants 1 to 8. On the last date of limitation, that is, on the 24 February, 1934, the plaintiff appeared to have gone to the office of his pleader and asked him to prepare a plaint and file the same in Court that day. It was about 12 noon when he saw his pleader. The Court-fee leviable on the plaint is a sum of Rs. 710-12-0. It seems that the Court-fee stamps of the denomination required under the rules could only be obtained from the Taluk Office and for that purpose the money had to be paid into the Taluk Office before 11-30 A.M. So the necessary stamps could not be available to the plaintiff. It took nearly 4 P.M. to have the plaint prepared and the plaint was thereupon presented with a court-fee stamp of annas twelve affixed thereon. The Sheristadar declined to receive the plaint and the matter was brought to the notice of the learned District Judge who also declined to receive the plaint and passed the following order: This plaint not being properly stamped will not be received.