L.Sekar v. L.Porselvi
Case brief
What is this about?
The High Court dismissed a civil revision petition challenging a dismissal order rejecting a plaint. The court held that mixed questions of fact regarding joint family property and knowledge precluded rejection of the plaint without a full trial.
What did the court decide?
The civil revision petition was dismissed. Consequently, the connected miscellaneous petition was closed.
What the court decided
CRP (PD) No.900 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 25.04.2023
Pronounced on : 28.06.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN
CRP (PD) No.900 of 2023 and CMP No.6745 of 2023
- L.Sekar 2. L.Selvam ... Petitioners Vs. L.Porselvi ... Respondent
Prayer: The Civil Revision petition filed under Article 227 of Constitution of India, seeking to set aside the dismissal order dated 05.12.2022 in I.A.No.01 of 2021 in O.S.No.1675 of 2021 on the file of the XX Additional
District and Sessions Judge, City Civil Court, Chennai and consequently dismiss the above suit.
For Petitioners : Mr.S.Dhakshinamoorthy For Respondent : Mr.K.Kulandai velu
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Issues for consideration
3 issues framed by the court
Whether rejection of plaint can be made despite mixed questions of fact requiring full-fledged enquiry regarding property nature and knowledge.
Whether the suit schedule property is joint family property or exclusive property of the mother.
Whether the plaintiff was aware of the execution of the registered settlement deed by her mother.
Parties & counsel
- petitioner
L. Sekar
- petitioner
L. Selvam
- respondent
L. Porselvi
Coram
Case details
As recorded by the court registry
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