P.M.Neelamegam vs S.Ramalingam (Died) on 2 June, 2021

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Madras High Court

P.M.Neelamegam vs S.Ramalingam (Died) on 2 June, 2021

Bench: N.Anand Venkatesh

                                                                  C.R.P(MD).No.786 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 02.06.2021

                                                   CORAM:

                           THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                          C.R.P(MD).No.786 of 2021
                                                   and
                                         C.M.P(MD).No.4252 of 2021


                     P.M.Neelamegam                                            ... Petitioner

                                                    Vs.

                     1.S.Ramalingam (Died)

                     2.R.M.Sundaram

                     3.T.Kaliamoorthy

                     4.R.Sekaran

                     5.Repco Home Ltd
                       Represented by its Branch Manager,
                       14, Ram Arcade
                       II Floor,
                       11th Cross Main Road,
                       Thillai Nagar,
                      Tiruchirapalli-620018                                ... Respondents




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https://www.mhc.tn.gov.in/judis/
                                                                        C.R.P(MD).No.786 of 2021

                     PRAYER: Civil Revision Petition filed under Article 227 of the
                     Constitution of India to strike down the plaint in O.S.No.61 of 2016 on
                     the file of the learned III Additional District and Sessions Judge,
                     Tiruchirapalli.


                                     For Petitioner      : Mr.T.A.Ebenezer


                                                        ORDER

This Civil Revision Petition has been filed seeking for striking down the plaint in O.S.No.61 of 2016 pending on the file of the III Additional District and Sessions Court, Tiruchirapalli.

2. The petitioner is the first defendant in the suit and he has filed the present petition to strike off the plaint in a suit that was instituted in the year 2016. This Court exercises its jurisdiction under Article 227 of the Constitution of India to strike off a plaint only in a very rare cases where it finds an abuse of process of Court. Such jurisdiction is not exercised in a casual manner. The petitioner has an alternative and efficacious remedy of filing an application for rejection of the plaint under Order VII Rule 11 of C.P.C.

2/4 https://www.mhc.tn.gov.in/judis/ C.R.P(MD).No.786 of 2021

3. In the present case, the suit is of the year 2016 and the grounds raised by the petitioner can very well be raised in an application for rejection of plaint. Therefore, this Court is not inclined to exercise its jurisdiction and strike off the suit. It is left open to the petitioner to work out his remedy before the Court below by filing an appropriate application for rejection of plaint.

4. The Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.




                                                                                     02.06.2021

                     Index           : Yes/No
                     Internet        : Yes/No
                     ssb




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https://www.mhc.tn.gov.in/judis/ C.R.P(MD).No.786 of 2021 N. ANAND VENKATESH., J.

ssb To III Additional District and Sessions Court, Tiruchirapalli.

Order made in C.R.P(MD).No.786 of 2021 Dated:

02.06.2021 4/4 https://www.mhc.tn.gov.in/judis/

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