Disposed¶20

E.Dayalan v. D.Swarnakumar

Madras HC21 Jul 2025CRP/2837/2025

Case brief

AI extract

What is this about?

Strike off plaint; maintainability of suit as preliminary issue; Article 227 of Constitution; Civil Revision Petition C.R.P.No.2837 of 2025; connected C.M.P.No.16055 of 2025; O.S.No.1424 of 2025; XX Additional City Civil Court, Chennai; earlier order dated 13.06.2025 in C.R.P.No.1570 of 2025; E.Dayalan v. D.Swarnakumar, Tax Officer-III (Principal Commissioner of Income Tax) and S.Anand Muruga Utharkar; disposed of with no order as to costs; decision dated 21.07.2025.

What did the court decide?

Direction to the trial Court (XX Additional City Civil Court, Chennai) to decide the maintainability of O.S.No.1424 of 2025 as a preliminary issue, with further consequential orders in the suit subject to the result thereof; no order as to costs; connected miscellaneous petition closed. ¶20

E.Dayalan Vs D.Swarnakumar — Writ and Judicial Review | Madras HC (2025)

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CRP.No.2837 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.07.2025

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CORAM

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THE HONOURABLE MR JUSTICE P.B. BALAJI

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C.R.P.No.2837 of 2025

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and C.M.P.No.16055 of 2025

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E.Dayalan ... Petitioner

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Vs.

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1.D.Swarnakumar

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2.The Tax Officer-III, Office of the Principal Commissioner of Income Tax, Room No.420, 4^th Floor, Chennai Main Building, No.121, Mahatma Gandhi Road, Nungambakkam, Chennai-34.

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3.S.Anand Muruga Utharkar ... Respondents

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PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to struck off the plaint in O.S.No.1424 of 2025, on the file of the learned XX Additional City Civil Court, Chennai.

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For Petitioners : Mr.R.Singaravelan Senior Counsel for Mr.M.Muruganantham

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1/4

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

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CRP.No.2837 of 2025

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O R D E R

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Though the Civil Revision Petition has been filed seeking to strike off the plaint, in view of the order dated 13.06.2025 passed in C.R.P.No.1570 of 2025, Mr.R.Singaravelan, learned Senior Counsel appearing for the petitioner would fairly submit that the trial Court may be directed to consider the issue of maintainability as a preliminary issue. Therefore, the trial Court is hereby directed to decide the maintainability of the suit as a preliminary issue and subject to the result of the order on the maintainability issue, further consequential orders may be passed in the suit.

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