Thirugnanasambandan v. P.Kaliaperumal Chettiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH C.R.P. (PD) No. 551 of 2015 and M.P. No. 1 of 2015 Thirugnanasambandan

...Petitioner

Vs.

P.Kaliaperumal Chettiar ... Respondent Prayer : Petition filed under Article 227 of the Constitution of India, praying to strike off the plaint in O.S. 241/2014 on the file of the Principal subordinate Judge, Cuddalore and thereby allow the revision. For Petitioner :

Mr.N.Suresh For Respondent :

Mr.K.A.Ravindran

O R D E R

The only ground on which the Petitioner seeks to get the plaint filed by the Respondent herein rejected is that the present suit in O.S. No. 241 of 2014 is a re-litigation, which amounts to abuse of process of law. I am unable to accept such a ground for the simple reason that the present suit in O.S. No. 241 of 2014 has been filed on a cause of action based on a sale agreement dated 02.06.2014, whereas the earlier suit in O.S. No. 2 of 2005 was filed for specific performance of sale agreement dated 19.09.1992. It is

settled preposition of law that when the defendant seeks for rejection of plaint, the plaint averments alone must be looked into for the purpose of coming to the conclusion that there was no cause of action. Since in the instant case, the cause of action for the suit seeking for specific performance of the sale agreement arose on 02.06.2014, all antecedents prior to 02.06.2014 cannot be looked into for the purpose of rejecting the plaint. Since the averments in the plaint reveals that the respondent herein has a cause of action to maintain the suit, it cannot be termed as re-litigation and will not amount to abuse of process of law. Hence, I do not find any merits in the present civil revision petition and the same stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

09.01.2019 maya Index : Yes/No Internet : Yes/No Speaking /Non-speaking order To 1.The Principal Subordinate Judge, Cuddalore.

M.S.RAMESH, J.

maya C.R.P.(PD) No. 551 of 2015 09.01.2019