HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION No.1270 of 2021 ORDER:

The petitioner herein had filed a suit which was given O.S.(C.F.R.) No.3710 of 2021 in the Court of the Principal Senior Civil Judge, Tenali.

2. The aforesaid suit, which was filed against the sole defendant, was a suit for specific performance of an agreement of sale dated 19.11.2018. However, the suit was not numbered and returned by an endorsement dated 10.11.2021 by the Principal Senior Civil Judge, Tenali.

3. The endorsement states that the plaint papers were being returned on the ground that the title of the defendant over the property, which is subject matter of the agreement of sale, has not been demonstrated to the satisfaction of the Court. A further ground is taken that the name of the plaintiff is not in Form-1B or Form Adangal Phani copy to show that he is the successor of the property. Such objections cannot be the basis for return of a plaint. It is up to the defendant to admit title or deny title and in any event, any decision passed in the suit would bind the parties to the suit and would not affect the title of any other person in relation to the said property.

4. In the circumstances, this C.R.P. is allowed by directing the Principal Senior Civil Judge, Tenali to number the suit, subject to compliance of all other objections that may be raised. There shall be no order as to costs.

5. Registry to return the original plaint papers which have been filed before this Court in the present revision petition.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

25.11.2021 SDP

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CIVIL REVISION PETITION No.1270 of 2021

25-11-2021

SDP