25. As opined by the learned Judge in Syed Hadi Ali Moosavi's case
(referred to (1) supra), it is not the duty of the Court to examine at the
stage of scrutiny as to whether the plaintiff has adduced sufficient
documentary evidence in support of the relief claimed in the suit. At the
stage of registration of the suit, the Court has to satisfy itself as to
whether the plaint discloses cause of action and when there is semblance
of the same, the Court should lean towards numbering the suit and decide
the matter on merits, instead of rejecting at the threshold.
In Syed hadi Ali Moosavi v. Syeda Taquia Moosavi
and Others6, it was held that it is not the duty of the Court to
examine at the stage of scrutiny as to whether the plaintiff has
adduced sufficient documentary evidence in support of the
relief claimed in the suit. At the stage of registration of the
suit, the Court has to satisfy itself as to whether the plaint
discloses cause of action and when there is semblance of the
same, the Court should lean towards numbering the suit and
decide the matter on merits, instead of rejecting at the
threshold.
In Syed Hadi Ali Moosavi v. Syeda Taquia Moosavi6,
when the Telangana Wakf Tribunal rejected the plaint (petition),
High Court of Telangana entertained revision, overruled the
objections and directed the Tribunal to number the suit.
In Syed hadi Ali Moosavi v. Syeda Taquia Moosavi
and Others9, a learned Judge held that it is not the duty of the
Court to examine at the stage of scrutiny as to whether the
7 2011 (4) ALD 775
8 2004 (9) SCC 512
9 2019(6) ALD 292
8
NJS,J
CRP No.401 of 2021
plaintiff has adduced sufficient documentary evidence in
support of the relief claimed in the suit.