The Madras High Court bench of C.Kumarappan J. dismissed a Civil Revision Petition under Article 227. The petition sought to strike off a plaint alleging suppression of prior suits. The revision was dismissed for lack of merit on factual issues.
Civil Revision Petition dismissed. No order as to costs. Connected M.P. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD).No.2263 of 2019
-BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(MD)No.2263 of 2019 and
C.M.P(MD) No.11706 of 2019
-vs-
Nagevel ... Respondent/Plaintiff
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.140 of 2017 on the file of the Sub Court, Ramanathapuram.
For Petitioners : Mr.P.Muthusamy For Respondent : Mr.C.Jeyaprakash
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C.R.P.(MD).No.2263 of 2019
O R D E R
The present Civil Revision Petition has been filed by the petitioners under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.140 of 2017 on the file of the Sub Court, Ramanathapuram.
2. The petitioners herein are the defendants and the respondent herein is the plaintiff before the Court below.
3. For the sake of convenience, the parties will be referred to as per the litigative status before the trial Court. It is pertinent to mention here that this revision petition has been directly filed without there being any impugned order.
4. The learned counsel for the petitioners would submit that, while filing the suit in O.S.No.162 of 2017, the plaintiff therein has suppressed the earlier suit in O.S.No.140 of 2017 filed by the subsequent purchaser of one Thavamani. The learned counsel for the petitioners would further submit that the seller of the suit property viz., Thavamani while filing the suit has suppressed the earlier suit in O.S.No.140 of 2017 and also the suit in O.S.No. 2/4
C.R.P.(MD).No.2263 of 2019
63 of 2016. However, in order to substantiate such grounds, the petitioners have not produced any documents before this Court. In the revisionary jurisdiction the disputed factual aspects could not be gone into. Therefore, this Court finds no merit in this petition.
be no order as to costs. Consequently connected Miscellaneous Petition is closed.
24.08.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. Th e Sub Court, Ramanathapuram.
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C.R.P.(MD).No.2263 of 2019
C.KUMARAPPAN,J.
ebsi
C.R.P(MD)No.2263 of 2019
24.08.2023
2 issues framed by the court
Whether the trial court omitted to consider the matter which was in controversy.
Whether the plaint should be struck off due to suppression of earlier suits.
1 provisions across 1 enactments
Kottadurai Tharmaraj Sakthi Muneeswaran Sandru @ Ganesan Murugesan Kannaiya
Nagevel
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
