Sampath v. Baby
Case brief
What is this about?
In this Second Appeal, the High Court of Madras dismissed the appellant's appeal against the dismissal of a suit for permanent injunction regarding property rights. The Court upheld lower courts' findings that the settlement deed was unproved and no formal defect justified withdrawing the suit to file a fresh one.
What did the court decide?
Second Appeal and petition under Order XXIII Rule 1(3) CPC dismissed; no order as to costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Sampath … Appellant/Appellant/Plaintiff
Vs.
Baby ... Respondent/Respondent/Defendant
PRAYER : Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 30.08.2012 passed in A.S.No.55 of 2011 on the file of the Sub Court, Dharmapuri confirming the Judgment and Decree dated 21.09.2011 passed in O.S.No.228 of 2009 on the file of the District Munsif, Dharmapuri.
For Appellant : Mr.G.Vasudevan For Respondent : Served No Appearance
JUDGMENT
The plaintiff is the appellant in the Second Appeal.
2.The case of the plaintiff is that the suit property was originally owned by his grandmother. She executed a Settlement Deed dated 19.09.2022, marked as Ex. A1 and settled the properties in favour of the plaintiff and the children of one Nandan and Seenu. The further case of the plaintiff is that there was an understanding between the parties and the plaintiff was in exclusive possession and enjoyment of the suit property which is a vacant land.
Issues for consideration
3 issues framed by the court
Whether the Second Appeal should be allowed when lower courts found the settlement deed unproved and the suit unlikely to succeed due to lack of formal defect justifying withdrawal.
Whether permission under Order XXIII Rule 1(3) CPC should be granted to withdraw the suit and institute a fresh one on the same facts where merits were already decided.
Whether a petition to withdraw suit with leave to file a fresh suit can be entertained when courts below have already dealt with merits and vested rights in the defendant.
Parties & counsel
- appellant
Sampath
- respondent
Baby
Coram
N. Anand Venkatesh
Case details
As recorded by the court registry
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