IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.410 of 2010 Between: Tippa Narasimhulu Vijayakumar and another ..... PETITIONERS AND Tippa Sambasivaiah Narasimhulu and 8 others .....RESPONDENTS The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.410 of 2010 ORDER: This Civil Revision Petition is filed under Article-227 of the Constitution of India by the plaintiffs in O.S.(SR).5409/2009 on the file of the District Judge, Chittoor in returning the plaint on 26.11.2009. It is the case of the petitioners that they have filed the said suit for partition of the plaint A to E schedule mentioned properties into 11 equal shares and to allot one such share. The plaint was returned on 01.09.2009 with 8 objections which were complied with. It is stated that after complying with the said 8 objections, the plaint was again returned on 09.10.2009 with three objections, which were also complied with and re-presented on 23.11.2009. It is stated the plaint was again returned on 26.11.2009 stating that objection No.5 of Return dated 01.09.2009 was not complied with, authenticated relinquishment documents are not filed and necessary party is not added. It is the case of the petitioners that according to the pleadings of the plaint there was an oral partition as per the information furnished by the 1st defendant and the person who relinquished his rights after receiving amounts, namely, Mr.T.S.Mohan was left the joint family ancestral house at about 1970 or so. If the proper and necessary party is not made as party to the suit proceedings, I am of the opinion that that cannot constitute a valid ground for return of the plaint. Return of the plaint can only be made on the ground of jurisdiction so as to enable the parties to present the same before the proper Court. Even non-joinder of proper and necessary party is not a ground for rejection of the plaint also. Therefore, the Civil Revision Petition is allowed, directing the Court below to register the plaint without any reference to Objection No.5, dated 26.11.2009. ___________________ V.ESWARAIAH,J Dated: 05.02.2010 Dsr Note: Furnish copy in two days B/o Dsr