Kalyani v. Lakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.17533 of 2023 Kalyani ... Petitioner / Defendant Vs.

1.Lakshmi 2.Savithiri 3.Muneeswari 4.Mareeswaran 5.Divya Devi 6.Pandiammal 7.Ganeshan 8.Sankareswari 9.Maheswari ... Respondents / Plaintiffs Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.286 of 2023 on the file of the Sub Court, Aruppukottai, Virudhunagar District and allow this civil revision petition. 1/4

For Petitioner : Mr.M.Jothi Basu For Respondents : Mr.S.Selva Aditya for R1 to R3

O R D E R

Heard both sides.

2. This civil revision petition has been filed to strike off O.S.No.286 of 2023 on the file of the Sub Court, Aruppukkottai. The Hon'ble Supreme Court in the decision reported in (2019) 9 SCC 538 (Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs. Tuticorin Educational Society) had held that if remedy under C.P.C is available, it would operate as a complete bar for entertaining the petition under Article 227 of the Constitution of India. The petitioner does have a effective statutory remedy under Order 7 Rule 11 of C.P.C. I therefore permit the petitioner to file such a petition before the trial court for rejection of the plaint. If such a petition is filed, it shall be numbered immediately. It shall be disposed of on merits and in accordance with law within a period of ten weeks thereafter. I have not gone into the merits of the matter. The contentions of the respondents are left open. 2/4

3. The Civil Revision Petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 05.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Sub Court, Aruppukottai, Virudhunagar District. 3/4

G.R.SWAMINATHAN, J.

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