IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.934 OF 2010 Between : Sri Bathini Madhusudhan Reddy ... APPELLANT A N D Sri Bathini Ram Reddy and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.934 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), is directed against the order, dated 14.09.2010 in O.S.No.56 of 2009, on the file of the Senior Civil Judge, Wanaparthy, whereunder and whereby, the Court below returned the plaint to present it before the competent Court on the point of pecuniary jurisdiction. 2. Learned counsel for the appellant/plaintiff contended that the return of plaint is not in accordance with Order VII Rule 10(2) CPC, and hence, he prays to be set aside the impugned order. 3. By virtue of order, dated 19.07.2010 passed in I.A.No.95 of 2010 in O.S.No.56 of 2009, there was a direction to the appellant to include certain properties valuing Rs.13,38,250/-. In pursuance of the said order, 1/6th share of the appellant comes to Rs.15,11,587/- and 3/4th of it comes to Rs.11,33,690/- which exceeds Rs.10,00,000/-, which is the pecuniary jurisdiction of any Senior Civil Judge. Therefore, the plaint was rightly returned for presentation before the competent jurisdictional Court. 4. There is a procedure for returning the plaint as stated in Order VII Rule 10 (2) CPC, which reads as follows: “On returning a plaint the Judge shall endorse thereon the date of presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.” The order does not indicate the date of presentation and return, and the name of the party presenting it. But, that is not a serious lapse on the part of the Court so as to set aside the impugned order, especially when it contained the reasons for return of the plaint. No doubt, Sub Rule 2 of Rule 10 of Order VII CPC requires the Judge returning the plaint to make an endorsement on it regarding (i) the date of presentation; (ii) the date of return; (iii) the name of the party presenting it; and (iv) the reasons for returning the plaint, but return of plaint without endorsement as per this provision is a mere irregularity. 5. Accordingly, the Civil Miscellaneous Appeal is disposed of granting two weeks time for presenting the plaint before the District Court. There shall be no order as to costs. _______________ K.C.BHANU, J AUGUST 27, 2011. YVL