A Civil Revision Petition filed under Article 226 seeking to strike off a plaint was dismissed. The Court held that all grounds raised could be effectively addressed during the trial of the underlying suit, thereby closing the revision petition without costs.
Petition closed. No costs. Connected miscellaneous petition closed.
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C.R.P(MD).No.2385 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(PD)(MD)No.2385 of 2014 and M.P.(MD)No.2 of 2015
... Petitioner
[Petitioners 2 to 8 are brought on records as legal heirs of deceased sole petitioner vide order dated 02.12.2020]
-vs-
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.39 of 2014 on the file of the learned Principal District Court, Ramanathapuram filed by the respondents 1 to 3 herein /plaintiffs 1 to 3 in the said suit.
For Petitioner : Mr.K.R.Laxman
For Respondents : No Appearance
C.R.P(MD).No.2385 of 2014
O R D E R
The present revision petition has been filed by the third defendant in a suit for declaration of title, permanent injunction and for other reliefs.
2.The third defendant had raised various grounds in the present revision petition for striking off the plaint in O.S.No.39 of 2014. However, this Court is of the considered opinion that all the grounds raised in the revision petition could be raised by the third defendant during trial.
3.With this observation, this Civil Revision Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.
13.07.2023
NCC : Yes / No Index : Yes / No Internet : Yes ta
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C.R.P(MD).No.2385 of 2014
R.VIJAYAKUMAR,J.
ta
C.R.P.(NPD)(MD)No.2385 of 2014
13.07.2023
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1 issue framed by the court
Whether the grounds raised by the third defendant for striking off the plaint can be effectively raised during the trial.
Arunugam Servai (died) and others
Veerapandian and others
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
