JUDGEMENT
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(1.)The plaintiff, who is the revision petitioner
herein, filed the revision under Article 227 of
the Constitution of India against the docket
order dated 15-2-2005 passed in O.S.
SR.No.745 of 2005 by the learned Principal
District Judge, Ranga Reddy District,
returning the plaint for payment of court fee
under Section 34 (1) of the A.P. Court Fees
and Suits Valuation Act (for short "the Act").
(2.)The plaintiff instituted the above suit for
partition and separate possession of the suit
schedule property and for allotment of
share (1/3rd share and of 1/3rd share
Mr. C. Ramachandraiah). While numbering
the suit, the office of the lower Court took an
objection as to the maintainability of the suit
since as per the pahanies and pattedar
passbook filed along with the plaint, the
partition of the suit schedule property was
already effected, and accordingly, called for
an explanation from the plaintiff as to how
she constitutes joint possession by returning
the plaint. The same was re-presented to the
Court by citing judgment of this Court in
Charlapalli Yadamma v. Miryala Gopaiah
and another and R. V. Bhuvaneswari and
others v. Ponnuboina Chenchu Ramaiah
and others. When the matter was put up
before the Court, the learned Judge returned
the same for payment of deficit Court fee
under Section 34(1) of the Act.
(3.)The pahanies and pattedar passbook,
which were filed along with the plaint, did not
indicate any prior partition though the names
were recorded separately to the various
extents of land in the revenue records. The
lower Court for collection of court fee has to
see the averments made in the plaint,
wherein it was stated that there was no prior
partition of suit schedule property, which is
in joint possession. On defendant's
appearance, if any plea is taken that there
was an earlier partition, it is always open for
the Court, during the course of trial, to insist
for payment of necessary court fee after
framing an appropriate issue to the said
effect but the plaint cannot be returned at the
initial stage on the presumption that the
pahanies and pattedar passbook were
issued on the basis of a prior partition.
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