HON'BLE SRI JUSTICE B. PRAKASH RAO AND HON'BLE SRI JUSTICE R. KANTHA RAO C.M.A.No. 299 of 2010 J U D G M E N T: (per Hon'ble Sri Justice R. Kantha Rao) This is an Appeal filed by the appellant bank against the order passed by the learned Chief Judge, City Civil Courts, Hyderabad in O.S(SR) No. 16830 of 2009, dated 02.02.2010 rejecting the plaint on the ground that there is no privity of contract between the parties. We have heard Sri Deepak Bhattacharjee, learned counsel for the appellant and perused the order passed by the learned Chief Judge and the material papers. As rightly contended by the learned counsel for the appellant, the question as to whether there is any privity of contract between the parties is a mixed question of fact and law which can be decided only after framing an issue and hearing both sides in the suit. Admittedly, the sale deed was executed by Respondents 1 to 3 in favour of Respondents 4 and 5, after receiving the loan amount from the appellant bank. Even if the alleged transaction with Respondents 4 and 5 is fictitious, we are of the considered view that the plaint cannot be rejected at the threshold holding that there is no privity of contract between the parties. Normally, when a question to be decided involves adducing evidence by both the parties and a detailed hearing, the trial Court is not at all justified in rejecting the plaint which causes much inconvenience and undue hardship to the plaintiff. In view of the above, the order passed by the learned Chief Judge, City Civil Courts, Hyderabad, dated 02.02.2010 in O.S(SR) No. 16830 of 2009 is set aside and the learned Chief Judge is directed to register the suit. The Appeal is accordingly allowed. No costs. ----------------------- (B. PRAKASH RAO,J) ----------------------- (R. KANTHA RAO, J) 19th April 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}