Madras High Court
P.Shyamala vs S.Ravi on 5 October, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.10.2016 CORAM : The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN O.S.A. No.177 of 2016 P.Shyamala .. Appellant -vs- S.Ravi .. Respondents Appeal filed under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of the Letters Patent against the Judgment and Decree dated 17.03.2015 passed in Application No.2719 of 2012 in C.S.No.480 of 2011 on the file of original side of this Court. For Appellant : Mr.M.Palani for Mr.C.P.Sivamohan * * * * * J U D G M E N T
(Judgment of the Court was delivered by The Hon'ble Chief Justice) On hearing the learned counsel for the appellant, we find that the approach adopted by the learned Single Judge to the extent that it may not be practical, in the facts of the present case, to reject the plaint, but rather that issues may be framed on perusal of the pleadings, is correct. We are of the view that when the issues are framed, it is always open to the learned Single Judge to consider whether any of the issues has to be tried as a preliminary issue. We may further add that it is not as if in case the plaint is not rejected every case must go to trial. If it is found that the suit proceedings are an abuse of process of law, the suit can be dismissed (vide judgment in S.P.Chengalvaraya Naidu (dead) by LRs. vs. Jagannath (dead) by LRs. and Others, (1994) 1 SCC 1)
2.The suit file be placed before the learned Single Judge for framing of issues on 01.11.2016 when the learned Single Judge would consider whether any of the issues can be tried as a preliminary issue or whether, as pleaded by the appellant, the suit is liable to be dismissed being an abuse of process of Court. Needless to say, any observations made in the impugned order cannot prejudice the learned Single Judge as they are only based on an application under Order VII Rule 11 of the CPC, which requires only the averments in the plaint and the documents filed with the plaint to be considered.
3.Original Side Appeal, accordingly, stands disposed of. No costs.
(S.K.K., CJ.) (R.M.D., J.) 05.10.2016 Index : Yes/No Website : Yes/No sra To The Sub Assistant Registrar, Original Side, Madras High Court, Chennai.
The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) O.S.A.No.177 of 2016 05.10.2016