T. Lalitha v. J. Ganesh
Case brief
What is this about?
A civil revision petition challenging the dismissal of an application to reject a plaint. The High Court quashed the lower court order as the suit suffers from collusive and malafide intentions that barred it under the Benami Transactions Act.
What did the court decide?
Civil Revision Petition allowed; impugned order of the Assistant Civil Judge set aside; suit rejected.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.02.2019
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.R.P.(P.D).No.1120 of 2018
and
C.M.P.No.5856 of 2018
Mrs.T.Lalitha ... Petitioner
-vs-
1.J.Ganesh
2.J.Visalakshi
3.S.J.Kannan ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against to set aside the order and decreetal order passed in I.A.No.12604 of 2017 in O.S.No.3950 of 2017 dated 05.12.2017 on the file of the XII Judge, Assistant City Civil Court, Chennai. For Petitioner : Mr.P.Sunil For R1 : Mr.G.Peranban For R2 & R3 : No Appearance - - - - -
O R D E R
The above Civil Revision Petition has been filed challenging the dismissal of application filed by the revision petitioner under Order VII Rule (11) of the Code of Civil Procedure for rejecting the plaint
Issues for consideration
2 issues framed by the court
Whether the plaint rejected under Order VII Rule 11 CPC under challenge of revision could be allowed.
Whether the suit proceeds on the footing that the property has been purchased Benami in the name of mother.
Parties & counsel
- petitioner
Mrs. T. Lalitha
- respondent
J. Ganesh
- respondent
J. Visalakshi
- respondent
S. J. Kannan
Coram
Case details
As recorded by the court registry
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