I.S.Selvagandhi v. K.G.Umasankari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP (PD) No.3397 of 2018 and I.S.Selvagandhi ... Petitioner Vs K.G.Umasankari ... Respondent Prayer: The Civil Revision petition filed under Article 227 of the Constitution of India, praying to allow the Civil Revision petition and strike off the plaint in OS.No.162 of 2018 on the file of the II Additional District Court, Salem.

For Petitioner : Mr.K.Rajasekaran for Mr.C.K.M.Appaji For Respondents : Mr.L.Mouli

O R D E R

This revision is by the defendant in O.S.No.162 of 2018 on the file of the II Additional District Court, Salem, seeking to strike of the plaint.

2. In view of the Judgment of the Hon'ble Supreme Court in 1/3

Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs.Tuticorin Educational Society and another reported in 2019 (5) CTC 696, this revision cannot be entertained by this Court at this stage. It is open to the petitioner to approach the trial Court invoking Order VII Rule 11 of the Code of Civil Procedure seeking rejection of the plaint.

3. Hence, this Civil Revision petition is dismissed with liberty to the petitioner to approach the trial Court, seeking rejection of the plaint particularly under Order VII Rule 11 of the Code of Civil Procedure. No costs. Consequently, connected miscellaneous petition is closed. 15.12.2020 vum Index: Yes/No Speaking order / Non speaking order To:

The II Additional District Court, Salem.

2/3

R.SUBRAMANIAN, J.

vum CRP (PD) No.3397 of 2018 and 15.12.2020 3/3