Elumalai is null and void and for permanent injunction and for removing the ceiling roof in the common passage. Thus, it is seen that the reliefs in both the cases are different. Though the substantive part of the pleadings in both the cases are same, plaintiff in both the cases are different and causes of action for both the cases are different. The portion sold to Elumalai was shown as suit property in O.S.No.3893 of 2018, but in O.S.No.6734 of 2018, the entire extent was shown as suit property and the portions sought to be removed is shown as 365 sq.ft. Thus, it is made out that there is fresh cause of action for filing the suit in O.S.No.6734 of 2018. There are triable issues involved in this case. Filing of the suit by a different plaintiff for a different relief on different cause of action cannot be considered as abuse of process of Court. In this view of the matter, this Court finds that the prayer for striking a plaint cannot be entertained and this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
