B.Veeramani v. J.Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.5097 of 2025 and CMP.No. 25696 of 2025 1.B.Veeramani 2.K.Singaravelu 3.K.Suresh Kumar

4. N.Arivazhagan

5. A.Muthukumaran

6. A.Sathyamoorthy 7.R.Porkaivel ... Petitioners Vs.

J.Selvam

...Respondent

PRAYER:

Civil Revision Petition filed Article 227 of Constitution of India, praying, to allow this Civil Revision Petition by setting aside the Order passed in IA.No.170/2022 dated 10.06.2025 in OS.No.24 of 2022 on the file of the District Munsif Cum Judicial Magistrate Court, Nanilam. For Petitioner : Mr.D.Padmanabhan 1/4

ORDER

The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioners/ defendants 1 to 7 seeking to reject the plaint under Order 7 Rule 11(a) of CPC.

2. The respondent herein filed a suit for bare injunction against the petitioners and other defendants restraining them from interfering with his possession except by due process of law. It was the specific case of the respondent that the petitioners who are arrayed as defendants 1 to 7 attempted to interfere with his possession.

3. The petitioner herein filed instant application to reject the plaint on the ground that the averment made in the plaint that they attempted to interfere with the possession of the plaintiff was false and hence, there was no cause of action for the plaintiff.

4. Whether the allegations of interference with possession made in the plaint is true or not is a matter for evidence. Merely because the averments in the plaint regarding the interference by the defendants was denied by the petitioners, the plaint cannot be rejected.

2/4

5. It is settled law that while considering the petition for rejection of the plaint, the Court shall only take into consideration the averments in the plaint and the plaint documents. In these circumstances, I do not find any error in the order passed by the trial court. Accordingly, the civil revision petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

27.10.2025 Index : Yes / No Internet : Yes / No nr To The District Munsif Cum Judicial Magistrate Court, Nanilam. 3/4

S.SOUNTHAR , J.

nr CRP.No.5097 of 2025 and CMP.No. 25696 of 2025 27.10.2025 4/4