M. Jothi v. Ruth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN M.Jothi ...

Petitioner / Defendant versus 1.Ruth 2.Devaraj 3.Moses ...

Respondents / Plaintiffs PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, to direct for expeditious disposal of I.A.No.1 of 2019 in O.S.No.285 of 2014, pending on the file of the District Munsif Court, Ambattur.

For Petitioner : Mr.V.Chandra Prabu

O R D E R

This Civil Revision Petition is filed seeking direction to dispose I.A.No.1 of 2019 in O.S.No.285 of 2014, pending on the file of the learned District Munsif, Ambattur, within a time frame to be fixed by this Court.

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2.

The learned counsel for the petitioner submitted that, the respondents filed the suit for the relief of permanent injunction. The petitioner entered appearance. The trial has not been commenced in the suit. Since the plaint has no cause of action, the petitioner filed I.A.No.1 of 2019 under Order VII Rule 11(a) and Section 151 of C.P.C. for rejection of plaint. Though this petition was entertained in 2019, it is adjourned from time to time for filing counter of the respondents. There is no progress in this petition. Therefore, this petition.

3.

The suit was filed in 2014 and the application for rejection of plaint was filed in 2019. It appears that even the counter has not been filed in I.A.No.1 of 2019. Therefore, the learned District Munsif, Ambattur, is directed to expedite the process of filing counter by the respondents and dispose of I.A.No.1 of 2019, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

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4.

With this observation, this Civil Revision Petition is disposed of. However, there is no order as to costs. 25.10.2021 Speaking order / Non-speaking order Index : Yes / No sri To The District Munsif, Ambattur.

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G.CHANDRASEKHARAN, J.

sri 25.10.2021 4/4