S.Murugan v. P.Anbazhagan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P(PD)No. 3312 of 2018 and C.M.P.No. 18758 of 2018 1.S.Murugan 2.A.Babu
...Petitioners
Vs.
P.Anbazhagan ..Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to strike out the plaint in O.S.No. 10 of 2017 pending trial before the learned District Munsif, Vandavasi.
For Petitioner : Mr.V.Pavel For Respondents : Mr.E.Sathiyaraj O R D E R This civil revision petition has been filed under Article 227 of the Constitution of India, seeking to strike out the plaint in O.S.No. 10 of 2017. 1/5
2. The main ground on which striking out the plaint is sought for is that the plaintiff / respondent herein has filed two earlier suits for the very same relief of declaration and injunction in O.S.Nos. 734 of 1986 and 370 of 1997 and both the suits have dismissed for default. Therefore, the present suit is barred under Order 9 Rule 9 of C.P.C. I do not think the exercise whether the suit is barred under Order 9 Rule 9 can be conveniently decided in the revision filed under Article 227 of the Constitution of India.
3. Admittedly, the petitioner has not approached the Trial Court seeking rejection of the plaint under Order 7 Rule 11 of C.P.C. Therefore, leaving it open to the petitioner to move an application before the Trial Court seeking rejection of the plaint under Order 7 Rule11 of C.P.C. this civil revision petition is dismissed. Consequently connected miscellaneous petition is closed. No costs.
4. It is made clear that if any application is filed under Order 7 Rule 11, the Trial Court will decide the same on merits without being influenced by any of the observations made in this order. This order shall 2/5
not be treated as a licence to petitioner to seek an order of rejection of plaint.
06.10.2020 kkn To:
The District Munsif Court, Vandavasi.
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R.SUBRAMANIAN, J.
KKN C.R.P(PD)No. 3312 of 2018 and C.M.P.No. 18758 of 2018 06.10.2020 4/5
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