The single judge dismissed an application filed to strike out the applicant's name from the plaint, holding that the averments in the plaint disclose a cause of action against him, rendering the matter fit for trial rather than a preliminary ruling.
Application to strike out the applicant's name from the plaint was dismissed.
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A.No.2854 of 2020 in C.S.No.124 of 2020
P.VELMURUGAN.,J
This application has been filed by the applicant/second defendant to strike out the name of the applicant from the plaint filed by the respondent/plaintiff in C.S.No.124 of 2020.
name from the plaint, this Court has to see the averments in the plaint and not
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the defence taken by the defendants. On a reading of the averments in the plaint and also the documents annexed to it, it is pleaded that the applicant/second defendant is also responsible for that. Whether he is responsible and how he is related, can be decided only at the time of trial and not at this stage.
07.03.2022
mfa
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1 issue framed by the court
Whether an application to strike out the applicant's name from the plaint should be allowed without waiting to ascertain the cause of action and responsibility during trial.
P. VELMURUGAN
PLAINTIFF
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
