THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO C.M.A.No.330 of 2010 JUDGMENT: (Per Hon’ble Sri Justice R. Kantha Rao) This appeal is filed against the order dated 2.02.2010 passed by the Chief Judge, City Civil Court, Hyderabad, in O.S.S.R.No.16835 of 2009 rejecting the plaint on the ground that there is no previty of contract as to passing of loan consideration to respondents 1 to 3. We have heard Sri Deepak Bhattacharjee, learned counsel for the appellant. As rightly contended by the learned counsel for the appellant, the question as to whether previty of contract exists or not is a mixed question of fact and law, which can be decided after receiving the evidence adduced by both the parties. The Court below is in error in rejecting the plaint out right. Therefore, we set aside the order passed by the Court below and direct the Court below to register the suit. Accordingly, the Civil Miscellaneous Appeal is allowed. The appellant has to bear its own costs. _______________________ (B. PRAKASH RAO, J.) ______________________ (R. KANTHA RAO, J.) 27th April, 2010 Js.