Madras High Court
Soundarajan vs Sudharshan Vembutty on 22 November, 2017
Author: D. Krishnakumar
Bench: D. Krishnakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2017
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
C.R.P.(PD) SR.No.62267 of 2017
Soundarajan
Swasthya retirement Homes (p)Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District -642 109. .. Petitioner/12th Defendant
Vs.
1. Sudharshan Vembutty
Rep. by his Power agent
N.Chandran
2. M/s.Swasthya retirement (p)Ltd
Rep.by its Managing director
N.Chandran,
No.221/241,Singarampalayam Pirivu,
Kinathukadavu, Kinathukadavu Taluk,
Coimbatore District -642 109. ... Respondents 1 & 2/
Plaintiffs 1 & 2
3. Vasumathy Sampath
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
4. Sampath
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
5. Uma Maheswari
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
6. Vasantha Kumari
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
7. A.Pasupathy
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
8. Kamalamurthy
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
9. S.Kumar
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
10. Rajeswari
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
11.B.Srinivasan
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
12.Indira Priyadarshini
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
13.Vidyakumari
Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109.
14. Swasthya Senior Citizens Welfare Association
Rep.by its President,A.Pasupathy
M/s.Swasthya retirement Homes (p) Ltd
Sholanur,Kinathukadavu Taluk,
Coimbatore District-642 109. .. Respondents 3 to 14/
Defendants 1 to 11 & 13
PRAYER: The Civil Revision Petition has been filed under Article 227 of the Constitution of India, to reject the plaint in O.S.No.153 of 2017 on the file of the learned District Munsif, Pollachi.
For Petitioner : Ms.C.Yamini for
Mr.S.V.Pravinrathinam
*****
ORDER
The Civil revision petition has been filed by the 12th defendant in the suit in O.S.No.153 of 2017 to reject the plaint filed by the respondents 1 and 2.
2. According to the petitioner, in the light of G.O.Ms.No.83 dated 23.11.2016, the suit filed by the respondent is without jurisdiction and the same is not maintainable and therefore the present Civil Revision Petition is filed under Article 227 Constitution of India to strike off the plaint. This Court is of the opinion that though the suit is not maintainable for want of jurisdiction in the light of the Government Order cited supra, the only remedy available to the petitioner is to approach the trial court by filing an application under Order VII Rule 11 C.P.C. to D.KRISHNAKUMAR.J, vaan reject the plaint if so advised. At this stage, the Civil revision petition is filed before this Court to strike of plaint cannot be entertained. Hence, no prima facie case has been made out in the present petition.
3 Civil revision petition stands dismissed. Liberty is granted to the petitioner to file an application before the trial court under Order VII Rule 11 C.P.C. if so advised, within a period of one week. In the event of any such application is filed, the trial court shall consider the same and pass appropriate orders on the said application in accordance with law as expeditiously as possible.
4. In view of the above, the Civil revision petition is dismissed as not maintainable. No costs.
22.11.2017
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CRP (PD)SR.No.62267 of 2017
22.11.2017