Application to reject a succession suit alleging non-disclosure of cause of action was dismissed. The court held that the plaint had an arguable case and the issue should be decided on merits at trial.
Application to reject the plaint was dismissed. Decree on application.
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.
A.No.5396 of 2024 in C.S No.240 of 2024
A.A.NAKKIRAN.,J
This application has been filed by the applicants/defendants to reject
the plaint upon the premise of non disclosure of cause of action and barred by law.
the respondent/plaintiff having averred in the plaint that the schedule mentioned immovable property is the self acquired property of the 1st defendant, on the contrary has claimed the share of her deceased husband, who is the son of the 1st defendant, as a legal heir of him without having any legal right to claim the same. He further submitted that no legal heir is lawfully entitled to claim any share in the self acquired property of any person unless the property is voluntarily transferred in favour of the legal heir and hence the suit is liable to be rejected for non disclosure of cause of action and also barred by law. The suit is filed with by abusing the process of law with the malafide intention to cause severe hardship and annoyance to the applicant/1st defendant with ulterior motive when he fraught with severe distress consequent to demise of his son and aged ailments. Hence he prays to allow this application and reject the https://www.mhc.tn.gov.in/judis 1/4
plaint.
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28.11.2024
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A.A.NAKKIRAN.,J.
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A.No.5396 of 2024 in C.S No.240 of 2024
28.11.2024
1 issue framed by the court
Whether to reject the plaint on grounds of non-disclosure of cause of action or that the suit is barred by law.
Applicants/Defendants
Respondent/Plaintiff
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
