A defendant sought to strike off a plaint for declaration of title and possession, contending it was barred by res judicata due to an earlier decree in favour of her predecessor-in-interest. The High Court held the earlier suit's plaintiffs were strangers to that decree and dismissed the revision.
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.(PD).No.1556 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(PD).No.1556 of 2020
N.Santhi ... Petitioner
vs
1.B.Sabarinath 2.Uma Maheswari 3.S.Namagiri 4.S.Ramanan 5.S.Sabariram 6.Chinnadurai 7.S.Arumugham 8.Ramesh 9.D.Sathyanarayana 10.S.Nazmunizha
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12.S.Raseena Nilafur
13.Dowlathneesa
14.S.Dhasleema
15.S.Mustaq Ahamed
16.S.Raffiyama
18.N.Mahendran
19.D.Mahendra Raj
... Respondents
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C.R.P.(PD).No.1556 of 2020
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to strike off the plaint in O.S.No.161 of 2015 pending on the file of the District Judge, Coimbatore.
For Petitioner : Mr.K.Balakrishnan For R5 : Mr.C.Veeraraghavan For R6 : Mr.T.Govindaraj For R20 to R23 : Mr.C.Sathish Government Advocate
For R1, R2, R4, R6, R7 and R18 : No Appearance
For R8 to R17 and R19 : Not Ready in Notice
ORDER
The Civil Revision Petition is filed seeking to strike off the plaint in O.S.No.161 of 2015 pending on the file of the District Court, Coimbatore.
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C.R.P.(PD).No.1556 of 2020
the suit property from S.Chinnadurai. Relying on the said judgement passed in O.S.No.1258 of 2013, the revision petitioner has come up with this revision petition seeking to strike off the plaint.
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principles of res judicata in view of the decree passed in O.S.No.1258 of 2013.
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C.R.P.(PD).No.1556 of 2020
the respondents 1 and 2, who were not admittedly made as a party in the earlier suit. Merely because, the impleading application filed by respondents 1
and 2 was dismissed, the decree passed in that suit will not have a binding effect upon interest of the respondents 1 and 2.
24.01.2024
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
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To
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C.R.P.(PD).No.1556 of 2020
S.SOUNTHAR, J.
dm
C.R.P.(PD).No.1556 of 2020
24.01.2024
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1 issue framed by the court
Whether the plaint in O.S.No.161 of 2015 is liable to be struck off as barred by res judicata given the earlier decree in O.S.No.1258 of 2013 obtained by the petitioner's predecessor-in-interest.
1 provisions across 1 enactments
N.Santhi
B.Sabarinath
Uma Maheswari
S.Namagiri
S.Ramanan
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
