Malaichamy v. Govindaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)No.17672 of 2025 1.Malaichamy 2.Malarkodi 3.Prema ... Petitioners / Defendants Vs 1.Govindaraj ... 1st Respondent / Plaintiff 2.Balamurugan ... 2nd Respondent / 4th Defendant PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the Fair and executable Decreetal order dated14.02.2024 passed in the application in I.A.No.44 of 2020 in O.S.No.18 of 2019 on the file of the Additional District Court, Paramakudi and allow the same.

For Petitioners : Mr. J.Barathan Advocate.

For Respondents : Mr. R.Paranjothi 1/4

ORDER

This Civil Revision Petition is filed to set aside the Fair and executable Decreetal order dated 14.02.2024 passed in the application in I.A.No.44 of 2020 in O.S.No.18 of 2019 on the file of the Additional District Court, Paramakudi.

2. The challenge in this Civil Revision Petition is to an application filed under Order 7 Rule 11 read with Order 2 Rule 2 of CPC. It is the claim of the defendants / petitioners that the plaintiff had earlier filed a suit and therefore, the present suit would be under Order 2 Rule 2 of CPC.

3. The earlier suit filed by the respondent had been dismissed as withdrawn with liberty to file a fresh suit on the same cause of action. When such liberty is granted, there can be no application under Order 2 Rule 2 of CPC. Hence, this Court does not find any infirmity in the order impugned herein.

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4. Accordingly, this Civil Revision petition dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 07.11.2025 NCC : yes/ no Index : yes / no Internet : yes / no pnn To 1.The Additional District Court, Paramakudi.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU, J pnn

ORDER

IN and CMP(MD)No.17672 of 2025 Date : 07/11/2025 4/4