THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5324 of 2009 ORDER: The respondents herein filed O.S.No.1863 of 2005 in the Court of VII Additional Senior Civil Judge, L.B.Nagar, Ranga Reddy District with a prayer to declare that themselves and defendants 1 to 6 are the legal heirs and successors of late Ramalingam and that the petitioner herein, who figured as 4th defendant, is not the adopted son of late Ramalingam. The suit is being contested by different parties. The petitioner filed I.A.No.556 of 2009 under Rule 11 of Order 7 C.P.C. with a prayer to reject the plaint. It was pleaded that the question as to the succession to late Ramalingam has assumed finality in earlier set of proceedings under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short ‘the Act’) and that it is not open to the respondents to raise the question once again. The trial Court dismissed the I.A., through its order, dated 01.09.2009. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The attempt of the petitioner was to get the plaint rejected. The principal ground urged by him is that the matter about the succession to late Ramalingam was decided in earlier set of proceedings. Even if that is true, it would be at the most, ground to plead res judicata. It does not constitute the basis for rejection of a plaint. Further, the proceedings, which are relied upon by the petitioner, are under the Act and the proceedings were not before any Civil Court. At any rate, this question can certainly be raised before the trial Court. Hence, the civil revision petition is dismissed. It shall be open to the petitioner to request the trial Court to frame any issue touching on the questions that are raised by him, if not already framed. There shall be no order as to costs. __________ 11.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5324 of 2009 Date: 11.08.2010