Ismail v. Natarajan
Case brief
What is this about?
The Madurai Bench held a civil revision petition under Article 227 inadmissible for striking off a plaint, directing parties to use Order 7 Rule 11 CPC instead. The Trial Court was ordered to dispose of O.S.No.337 of 2014 within four months.
What did the court decide?
Civil Revision Petition dismissed; liberty to approach Court below under Order 7 Rule 11 CPC; Trial Court directed to dispose suit within four months.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
C.R.P.(PD)(MD)No.694 of 2018 and
C.M.P(MD)No.3078 of 2018
Ismail ... Petitioner/1st Defendant
Vs.
1.Natarajan 2.Chandra ...Respondents 1 & 2/Plaintiffs 1 & 2 3.Abdul Latif 4.Basheer Ahmed ...Respondents 3 & 4/Defendants 2 & 3
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records relating to O.S.No.337 of 2014, on the file of the District Munsif Court, Thuraiyur and strike off the same and allow the above Civil Revision Petition.
Issues for consideration
2 issues framed by the court
Whether a civil revision petition under Article 227 is maintainable when the correct remedy is a filing of plaint rejection under Order 7 Rule 11 of CPC?
Whether the District Munsif Court should be directed to dispose of the suit within a specific timeframe?
Parties & counsel
- petitioner
Ismail
- respondent
1.Natarajan
- respondent
2.Chandra
- respondent
3.Abdul Latif
- respondent
4.Basheer Ahmed
Case details
As recorded by the court registry
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