THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.742 OF 2002 ORDER: The petitioner-plaintiff filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the judgment dated 16.11.2001 passed in O.S.No.16 of 2000 on the file of the Principal Junior Civil Judge, Karimnagar, in returning the said suit. Earlier, the petitioner filed O.A.No.1590 of 1999 on the file of the A.P. Administrative Tribunal, Hyderabad, after the death of her husband, Late Kishtaiah and the same was rejected having regard to the disputed nature of her individual rights. Later, the present suit is filed for declaration to entitle her to receive the family pension payable in view of death of her husband, Late Polasa Kishtaiah. The said suit was also rejected on the ground that the relief would not fall within the parameters of the Civil Court jurisdiction. Hence, the revision. The relief sought for in the plaint is as under. “A decree declaring that the plaintiff is entitled to receive the family pension payable in the death of late Polasa Kishtaiah, Retired Teacher.” Prima facie, the prayer as such squarely falls within the parameters of the Tribunal itself. However, this relief is consequent to a right, which the petitioner necessarily has to seek for a declaration. Basing upon such approach, the said relief can be granted. Therefore, the petitioner has to seek appropriate relief of declaration in regard to her individual rights as a wife etc. It is only thereafter such proceedings can be taken up and disposed of on merits after contest. As long as appropriate declaration is not sought in her individual capacity as to her relationship as wife, the relief of pensionary benefits or other rights to which she is entitled could not possibly be taken up. During the course of arguments, learned counsel for the petitioner submits that the petitioner intends to make proper amendments in the plaint for appropriate reliefs. The Civil Revision Petition is disposed of with liberty to the petitioner to represent the plaint by making proper amendments and seek appropriate relief, which would be considered in accordance with law. No costs. Office is directed to return the original papers to the petitioner. _________________ (B.PRAKASH RAO, J) 3rd February 2011 RRB