S.Sampath v. Sivakami
Case brief
What is this about?
This revision petition challenging an order rejecting an application to strike off plaint on limitation grounds in a partition suit was dismissed. The court found the lower court's order perfectly in order.
What did the court decide?
The Civil Revision Petition was dismissed; the impugned order rejecting the application to strike off plaint was upheld.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2019
CORAM:
THE HONOURABLE Mr.JUSTICE R.SURESH KUMAR
C.R.P.(PD) No.2898 of 2016 and C.M.P.No.14769 of 2016
1.S.Sampath
2.S.Rajasekaran ... Petitioners
Vs.
1.Sivakami 2.Saravanakumar ... Respondents
Prayer: Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 08.03.2016 made in I.A.No.1168 of 2015 in O.S.No.36 of 2012 on the file of the District Munsif, Mettur.
For Petitioners : Mr.A.V.Arun For Respondents : Mr.K.Selvaraj ORDER
This revision has been directed against the fair and decretal order passed in I.A.No.1168 of 2015 in O.S.No.36 of 2012, by order dated 08.03.2016, on the file of the District Munsif Court, Mettur.
Issues for consideration
2 issues framed by the court
Whether the District Munsif's order rejecting an application to strike off the plaint on grounds of limitation was perversely made warranting civil revision.
Whether the plea of limitation by defendants in a partition suit challenging a sale deed was correct on the face of the dates.
Parties & counsel
- petitioner
S.Sampath, S.Rajasekaran
- respondent
Sivakami, Saravanakumar
Coram
R.Suresh Kumar
Case details
As recorded by the court registry
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