Dismissed¶31

Kanniappan, Trustee, Pavalai Kalyanasundaram Mudaliar Trust v. Sree Agatheeswarar Temple, Kolathur Sub Temple of Sree Prasanna Vinayagar Temple

Madras HC23 Apr 2025A/3101/2024

Case brief

AI extract

What is this about?

Rejection of plaint; Order VII Rule 11 CPC; Order VII Rule 11(a) and (d); Order XIV Rule 8 Original Side Rules; maintainability of Order VII Rule 11 application after filing of written statement; failure to disclose cause of action; barred by law; R.K. Roja v. U.S. Rayudu (2016) 14 SCC 275; Sopan Sukhdeo Sable v. Charity Commissioner (2004) 3 SCC 137; acquiescence; Sree Agatheeswarar Temple, Kolathur; Kanniappan 8th defendant; C.S.No.63 of 2010; A.No.3101 of 2024; application dismissed.

What did the court decide?

An application for rejection of the plaint under Order VII Rule 11 CPC, filed after the written statement has been filed, is not maintainable at that stage of the suit. ¶30

Kanniappan, Trustee, Pavalai Kalyanasundaram Mudaliar Trust Vs Sree Agatheeswarar Temple, Kolathur Sub Temple of Sree Prasanna Vinayagar Temple — Madras HC (2025) — LawSathi Research

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A.No.3101 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.04.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Application No.3101 of 2024

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C.S.No.63 of 2010

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Kanniappan, S/o.Balu ... Applicant / 8^th Defendant

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Vs.

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Sree Agatheeswarar Temple, Kolathur, Sub Temple of Sree Prasanna Vinayagar Temple, Park Town, Represented by its Hereditary Trustee K.A.Murugappan, No.1, Venkatachalam Street, Park Town, Chennai – 3. ... Respondent / Plaintiff

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Prayer: Application filed under Order XIV Rule 8 of the Original Side Rules read with Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, to reject the plaint as failure to disclose cause of action and as barred by law.

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For Applicant : Mr.M.V.Sesachari For Respondent : Mrs.Chitra Sampath Senior Counsel for Mr.T.S.Baskaran

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1/4

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https://www.mhc.tn.gov.in/judis

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A.No.3101 of 2024

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ORDER

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The Applicant / 8^th Defendant has filed this application to reject

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the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 as failure to disclose cause of action and as barred by law, after the Written Statement was filed.

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The Applicant has partly acquiesced into the proceedings by filing the Written Statement.

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The Hon'ble Supreme Court in R.K.Roja Vs. U.S.Rayudu and

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another , (2016) 14 SCC 275, taking note of the decision in Sopan Sukhdeo Sable Vs. Charity Commissioner , (2004) 3 SCC 137, observed as under:-

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““10. ..... The trial court can exercise the power at any state of the suit before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial.”

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The only restriction is that the consideration of the application for rejection should not be on the basis of the allegations made by the defendant in his written statement or on the basis of the allegations in the application for rejection of the plaint. The court has to consider only the plaint as a whole, and in case, the entire plaint comes under the situations

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2/4

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https://www.mhc.tn.gov.in/judis

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A.No.3101 of 2024

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covered by Order 7 Rules 11(a) to (f) of CPC, the same has to be rejected.”

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