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Judgment
D.V.S.S. Somayajulu, J
This appeal is filed questioning the order dated 20.02.2009 passed by the Additional District Judge, Hindupur returning the suit O.S.No.6 of 2006 under Order 7 Rule 11 C.P.C with a direction to file separate suits on each promissory note in the proper Court after making payment of the deficit court fee.
As per the plaint, there are six promissory notes which were executed by the defendants in favour of different lenders. These lenders transferred the six promissory notes to the plaintiff for collection. The plaintiff filed a single suit for recovery of the money against the borrowers/defendants. The defendant raised a plea about the maintainability of a single suit; stating that the cause of action under each promissory note is different. On this issue of maintainability but without going into the other issues; the suit was returned on 20.02.2009 with a direction to file separate suits on each promissory note after paying deficit court fee in the proper Court. Questioning the same, the present CMA is filed in 2009 June. It was numbered in 2015 after the office objections were overruled by an order dated 24.03.2015. Thereafter, it was listed on 07.12.2021; 04.08.2022; 21.03.2023, 27.03.2023 and on 29.03.2023. After perusing the affidavit filed and comparing the addresses in the plaint; this Court held that there was service/deemed service on the defendants but none appeared for defendants.
At this stage, learned counsel said that his client is willing to pay separate court fees and filed different/separate suits in the proper Court. This was recorded.
Hence, the C.M.A. is disposed of (as appellant is willing to comply with the impugned order) permitting the appellant to file proper suits in the proper Courts as per the respective cause of action by paying the deficit court fee as directed.
All the defences available to the defendants including the delay and its consequences are left open for decision by the respective Courts. Nothing is pronounced on the merits of the matter.
As a sequel, the miscellaneous petitions if any shall stand dismissed.