Ponnusamy v. K.Govindaraj
Case brief
What is this about?
Held that fraud is a fact to be proved by trial; upheld the dismissal of the rejection petition. Directed the Trial Court to conduct proceedings expeditiously without fixing a specific time limit.
What did the court decide?
Direction to the Trial Court to conduct proceedings as expeditiously as possible; Civil Revision Petition disposed of.
What the court decided
CRP (PD) No.1997 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2020
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ
C.R.P (PD) No.1997 of 2019
and C.M.P.No.12982 of 2019
Ponnusamy
S/o.Ganapathy Gounder ... Petitioner
Vs.
1.K.Govindaraj
S/o.Kulandhaivel
2.K.Duraisamy
S/o.Kulandhaivel
3.K.Mohanraj
S/o.Kulandhaivel ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 21.12.2018 passed in I.A.No.980 of 2018 filed in O.S.No.363 of 2018 by the learned I Additional District Judge at Tiruppur.
The petitioner has preferred this Civil Revision Petition against the dismissal of petition filed under Order VII, Rule 11 of Civil Procedure Code for rejection of plaint.
1/4
Issues for consideration
3 issues framed by the court
Whether the Trial Court correctly dismissed the petition for rejection of plaint given the issues of fraud and coercion requiring a full-fledged trial.
Whether the Trial Court can be directed to dispose of the matter speedily.
Whether any time limit can be fixed for the speedy disposal of the proceedings at the initial stage.
Parties & counsel
- petitioner
Ponnusamy
- respondent
K.Govindaraj
- respondent
K.Duraisamy
- respondent
K.Mohanraj
Coram
Case details
As recorded by the court registry
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