Partly allowed

Smt. Khursheed Begum v. Smt. Zahed Begum

Telangana HC10 Apr 2019CRP/864/2019

Case brief

AI extract

What is this about?

This court allowed a Civil Revision Petition challenging an order returning a plaint. It held that courts cannot insist on specific documents at the scrutiny stage if not essential for granting relief, setting aside the lower court's order and directing registration of the plaint.

What did the court decide?

Impugned order setting aside and directing lower court to number the plaint if in order. Miscellaneous petitions to be closed.

Smt. Khursheed Begum Vs Smt. Zahed Begum — Civil Procedure and Limitation | Telangana HC (2019)

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THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

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CIVIL REVISION PETITION No.864 of 2019

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ORDER :

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This Civil Revision Petition is filed challenging the order dt.13-03-2019 of the Chief Judge, City Civil Court, Hyderabad in O.S. (SR) No.4726 of 2019 returning the plaint on the pretext that petitioners ought to file ownership documents either original or certified copies relating to the suit schedule property.

¶5

Learned counsel for petitioners contends that it is no part of the duty of the Court to examine, at the stage of scrutiny and registration of the suit, whether the plaintiff has adduced sufficient documentary evidence in support of his prayer in the suit, and if the plaintiff fails to file proper material to substantiate his pleas, he will be doing so at his peril.

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He also placed reliance on the judgment of this Court in Mohd.

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Osman Ali Vs. Second Junior Civil Judge, City Civil Court,

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Hyderabad and another¹ , wherein this Court observed:

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“4. … When a party files a suit, in accordance with the procedure prescribed under the Code of Civil Procedure and Civil Rules of Practice, it is no part of the duty of the Court to examine, at the stage of scrutiny and registration of the suit, whether the plaintiff has adduced sufficient documentary evidence in support of his prayer in the suit. If the plaintiff fails to file proper material to substantiate his pleas, he will be

1 2010 (4) ALD 273

MSR,J 2

C.R.P.No.864 of 2019

doing so at his peril. But the Court cannot, at the scrutiny stage, insist on the plaintiff to file the documents, which, in its opinion, are relevant for granting relief.”

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In view of the settled legal position, the impugned order dt.13-03-2019 passed by the Court below cannot be sustained and it is accordingly set aside, and the Court below is directed to number the plaint, if it is otherwise in order.

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5. The Civil Revision Petition is allowed with the above

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directions. No costs.

¶17

As a sequel, the miscellaneous petitions, if any pending, shall
stand closed.
__________________________________
JUSTICE M.S.RAMACHANDRA RAO
Date: 10-04-2019
Vsv

Smt. Khursheed Begum v. Smt. Zahed Begum

Case brief

What is this about?

What did the court decide?

Smt. Khursheed Begum v. Smt. Zahed Begum

Case brief

What is this about?

What did the court decide?

What the court decided

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