HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.NO. 935 of 2011 DATE: 04-03-2011 Between: Dilip Kumar Pentu ……. Petitioner And L.N. Kamala Bai and another ……….. respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.NO. 935 of 2011 ORDER: Heard the learned counsel for the petitioner. The petitioner, who is the claimant, filed this Revision Petition under Section 115 of C.P.C., inter alia, seeking to assail the correctness of the order, dated 04-03-2010 rejecting the claim petition in E.A.S.R.No5003 of 2009 in E.P.No.58 of 2008 in O.S.No.476 of 2003 on the file of the IV Senior Civil Judge, City Civil Court, Hyderabad, which is purported to have been filed under Order 21 Rule 58 of C.P.C. The main objection taken by the Court below is that the petitioner has already availed the remedy of comprehensive suit and therefore, the claim petition is not maintainable. Accordingly, the Court below rejected the claim petition at the threshold even without numbering the same. It is to be seen that the claim proceedings are independent one almost on par with a regular suit. As far as the objections are concerned, necessarily they have to be considered on merits, only after processing the application and numbering the same and after giving due opportunity, but not at the threshold. Normally the Courts should take care to see that no orders are passed on merits at the stage of numbering except following the normal procedure as per law. Therefore, the Civil Revision Petition is allowed. The order, dated 04-03-2010 in E.A.S.R.No.5003 of 2009 is set aside. The Court below is directed to number the application and dispose of the same on merits, after holding a regular enquiry in accordance with law, after giving due notice and opportunity to both sides. No order as to costs. _________________ B. PRAKASH RAO, J Date: 04-03-2011 YCR