Chinthamani v. v.Jegajothi
Partition – Maintainability of second suit – Cause of action continuous
Case brief
What is this about?
Madras High Court, C.R.P.No.664 of 2026 (with C.M.P.No.3586 of 2026), decided 13.02.2026 by Justice S.Sounthar (sole author). Subject: challenge under Article 227 of the Constitution to the order dated 28.11.2025 of the Additional District Court, Dharmapuri in I.A.No.7 of 2025 in O.S.No.184 of 2023 dismissing an Order 7 Rule 11 CPC application to reject the plaint in a partition suit. Background: plaintiff/respondent V.Jegajothi, legal representative along with petitioners (Chinthamani, V.Chokkan, V.Damodharan, V.Gothandan, V.Janagi, V.Ambiga) of one Venkatesan, had earlier filed O.S.No.135 of 2022 for partition, which was not pressed after an out-of-court settlement without leave to sue afresh; the second suit pleads non-performance of the settlement terms. Key holding: cause of action for partition is continuous; while joint family status subsists a fresh cause of action arises daily, so abandonment of the first suit does not make the second unmaintainable; settlement terms and alleged breach are triable issues for evidence. Counsel: Mr.N.Manoharan for petitioners; none recorded for respondent. Result: revision dismissed, no costs, connected miscellaneous petition closed. No precedent cases cited in the judgment.