Disposed

S.S.Thirumoorthy v. S.Kumar

Madras HC13 Aug 2020CRP/1459/2020

Case brief

AI extract

What is this about?

In this Civil Revision Petition under Article 226 of the Constitution, the Hon'ble High Court of Judicature at Madras held that exhaustive trial is required to resolve factual and legal issues like limitation. No legal infirmity was found in the trial Court's order. The petition was disposed of with a direction to the trial Court to try all urged points and dispose of the suit expediently.

What did the court decide?

Petition disposed with direction to trial Court to hear all points and dispose of suit expediently.

S.S.Thirumoorthy Vs S.Kumar — Civil Procedure and Limitation | Madras HC (2020)

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CRP (PD) NO.1459 OF 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.08.2020

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C O R A M

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THE HONOURABLE MR.JUSTICE M. GOVINDARAJ

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CRP (PD) NO.1459 OF 2020
AND CMP NO.8403 OF 2020
S.S.Thirumoorthy ... Petitioner
Vs.
S.Kumar ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution

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of India against the fair and decretal order dated 21.11.2019 made in I.A.No.450 of 2017 in O.S.No.650 of 2016 on the file of the learned Principal Sub Court, Coimbatore.

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For Petitioner : Mr.N.Manokaran

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O R D E R

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Aggrieved over the order of dismissal of the petition filed under

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Order VII Rule 11 (a) and (d) read with Section 151 CPC seeking rejection of

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plaint, the petitioner has preferred the above Civil Revision Petition.

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After going through the order, it is seen that the petitioner has

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http://www.judis.nic.in

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CRP (PD) NO.1459 OF 2020

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raised many points, which includes the point of limitation. But the factum reveals that elaborate trial is required for arriving at a conclusion. Limitation is an issue of facts and law and that has to be tried.

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The learned counsel for the petitioner also urged the mandatory requirement as per the judgment of the Hon'ble Supreme Court in JOINT COLLECTOR RANGA REDDY VS. D.NARSING RAO [2015 (3) SCC 695].

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The petitioner can urge all these points before the trial Court

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during trial and establish his case. I do not find any legal infirmity in the order passed by the trial Court.

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The Civil Revision Petition is disposed of with a direction that

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the petitioner can raise all the points before the trial Court and the trial Court is

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directed to dispose of the suit in O.S.No.650 of 2016, as expediently as possible. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

13.08.2020

ASI/TK

http://www.judis.nic.in

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CRP (PD) NO.1459 OF 2020

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The Principal Sub Court Coimbatore.

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http://www.judis.nic.in

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CRP (PD) NO.1459 OF 2020

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M.GOVINDARAJ, J.

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ASI/TK

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CRP (PD) NO.1459 OF 2020

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13.08.2020

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http://www.judis.nic.in

S.S.Thirumoorthy v. S.Kumar

Case brief

What is this about?

What did the court decide?

S.S.Thirumoorthy v. S.Kumar

Case brief

What is this about?

What did the court decide?

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