THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 2218 OF 2012 Dated:18-07-2014
Between:
R. Chandrahasa Rao ... PETITIONER AND Margadarshi Chit Fund Private Limited, Santoshnagar, Hyderabad, rep., by its Principal Officer and General Manager, Sri A. Suryanarayana Raju and three others .. RESPONDENTS THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 2218 OF 2012
ORDER:
The 1st respondent filed O.S No. 2463 of 2011 in the Court of III Junior Civil Judge, City Civil Court, Hyderabad, against the petitioner, respondent Nos.2, 3 and 4 for recovery of certain amount on the strength of a chit transaction. The petitioner filed a written statement opposing the suit. The trial Court framed issues and before the trial commenced, the petitioner filed I.A No. 314 of 2012, with a prayer to frame additional issues touching on the very maintainability of the suit as well as the legality of the chit transaction. The application was opposed by the 1st respondent. Through its order dated 01-05-2012, the trial Court dismissed the I.A. Hence, the revision.
Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.
As of now two issues are framed in the suit and they read:
“1. Whether plaintiff is entitled to the suit claim as prayed for?
2. To what relief if any is plaintiff entitled in the facts and circumstances of the case?”
The additional issues which the petitioner wanted the trial Court to frame, touch upon the very maintainability of the suit. That would be possible if only any definite provision of law is referred to, and a plea is raised in the written statement. Nowhere in the written statement, the petitioner has cited the provision of law which bars the suit. The trial Court took note of the same and dismissed the I.A. This Court is not inclined to take any different view.
The C.R.P is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
18th July, 2014 ks