Kannan v. Jeyarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.16477 of 2023 1.Kannan 2.Chitra 3.Kala 4.Seetha 5.Muthuvel 6.Kavitha ... Petitioners / Petitioners / Defendants Vs.

Jeyarajan ... Respondent / Respondent / Plaintiff Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the civil revision petition by setting aside the fair and decreetal order made in I.A.No.4 of 2021 in O.S.No.5 of 2020 dated 15.02.2022 on the file of the District Munsif Court, Andipatti. For Petitioners : Mr.M.Thirunavukkarasu For Respondent : Mr.V.P.Rajan 1/4

O R D E R

Heard both sides.

2. The revision petitioners are the defendants in O.S.No.5 of 2020 on the file of the District Munsif Court, Andipatti. They filed I.A.No.4 of 2021 for rejection of the plaint. Vide order dated 15.02.2022, I.A was dismissed. Questioning the same, the civil revision petition came to be filed.

3. It is well settled that while deciding the application under Order 7 Rule 11 of CPC, the court will go only by the plaint averments. It will not be considered whether the defendants have a good defence on merits. Applying the aforesaid standard, the court below came to the conclusion that the plaint cannot be rejected. Interference is not warranted.

4. The Civil Revision Petitio is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

06.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi 2/4

To:

The District Munsif Court, Andipatti.

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G.R.SWAMINATHAN, J.

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