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Madras High CourtCRP(MD)/1998/2018closed

V.Charles John Kennady v. T.M.Nagar Residents Welfare

2018-09-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.1998 of 2018 and C.M.P.(MD)No.8788 of 2018 V.Charles John Kennedy ...Revision Petitioner/ 1st Defendant -Vs1.T.M.Nagar Residents' Welfare Association, Through its Secretary, Mathi @ Ponnaiah ...1st Respondent/Plaintiff 2.The District Registrar (Societies), District Registrar, Combined Registration Office, Rajakamberam, Madurai.

...2nd Respondent/2nd Defendant Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to strike off the plaint in O.S.No.97 of 2018 on the file of the learned District Munsif, Madurai Taluk, Madurai.

For Petitioner: Mr.S.Saravanakumar

ORDER

The petitioner has filed this Civil Revision Petition to strike off the plaint from the file of the Court below. 2.This Court is of the view that the petitioner is having an effective remedy under Order 7 Rule 11 C.P.C. The case of the revision petitioner is that without any cause of action, the suit in question has been instituted.

3.Therefore, leaving all the contentions of the revision petitioner open, this civil revision petition is closed. The revision petitioner can always work out his rights under Order 7 Rule 11 C.P.C. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) https://hcservices.ecourts.gov.in/hcservices/

To The District Munsif, Madurai Taluk, Madurai.

+ 1 CC TO MR.S.SARAVANAKUMAR, ADVOCATE IN SR NO.86556 MYR BU/NM/RP/SAR-III :14.11.2018 : 2P/3C C.R.P.(PD)(MD)No.1998 of 2018 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/