Civil Revision Petition against rejection of plaint in a suit. Counsel for petitioners sought permission to withdraw with liberty to raise defences at trial. The court noted defendants may raise all legitimate defences at trial 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.No.643 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.No.643 of 2023 and C.M.P.No.5067 of 2023
Ramani Ammal (Died)
1.Tamilselvan 2.Arulselvan 3.Kalpana
4.Ilakiya
5.Kaviya (Cause-title accepted vide court order dated 20.02.2023 made in CMP No. 3365/2023 in CRP SR.No.766/2023 by SSKJ)
... Petitioners -Vs-
R.Kothandaraman ... Respondent
Prayer : Civil Revision Petition under Article 227 of the Constitution of India to set aside the order and decreetal order dated 30.09.2022 by the Court of the Subordinate Judge, Cheyyar passed in I.A.No.295 of 2017 in O.S.No.155 of 2010.
For Petitioners : Mr.S.Baskaran For Respondent : Mr.M.Balasubramanian
O R D E R
Learned counsel for the petitioners Mr.S.Baskaran seeks permission to withdraw the revision with liberty to raise all the defences in the suit.
https://www.mhc.tn.gov.in/judis Page 1 of 2
C.R.P.No.643 of 2023
V. LAKSHMINARAYANAN, J.
KST
2.This Court has dealt with only with the rejection of the plaint. It is always open to the defendants to raise all legitimate defences available to him at the time of trial. The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
04.06.2024
Index : Yes/No Neutral Citation : Yes/No
KST
To
The Subordinate Judge Cheyyar.
C.R.P. No.643 of 2023
Page 2 of 2
1 issue framed by the court
Whether the order rejecting the plaint could be set aside under Article 227; resolved by withdrawal of the revision.
1 provisions across 1 enactments
Ramani Ammal (Died)
Tamilselvan
Arulselvan
Kalpana
Ilakiya
Kaviya
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
