Madras High Court
M/S.Strides Shasan Ltd vs Sivagamiammal on 9 June, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
C.R.P.No.1668 of 2022 and
C.M.P.No.8289 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
C.R.P.No.1668 of 2022 and
C.M.P.No.8289 of 2022
1.M/s.Strides Shasan Ltd.,
No.2, Jagadiwaram Street, T.Nagar,
Chennai 600 017.
2.M/s.Strides Shasan Ltd.,
(Now known as Strides Pharma Science Limited)
Rep by its General Manager,
No.5, III Cross, Ilango Nagar, Puducherry-11.
... Petitioners
Vs.
1.Sivagamiammal
2.K.Murugesan
3.Ekanathan
4.Kamalakannan
5.Padmavathy
6.The Manager, Head Office,
State Bank of Travancore,
Thiruvananthapuram, Kerala.
7.The Branch Manager,
State Bank of Travancore, (Now State Bank of India),
Chennai.
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https://www.mhc.tn.gov.in/judis
C.R.P.No.1668 of 2022 and
C.M.P.No.8289 of 2022
8.State Bank of Travancore (Now State Bank of India),
Rep by its Asst. Manager,
Easwaran Koil Street,
Pondicherry Main Branch,
Puducherry 605 001.
... Respondents
PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution
of India, to set aside the order dated 24.08.2021 made in I.A.No.280 of 2019
in O.S.No.252 of 2017 on the file of the learned Additional Sub Judge at
Puducherry and order for rejection of plaint in O.S.No.252 of 2017.
For Petitioners : Mr.C.M.Mohanasundaram
ORDER
This civil revision petition has been filed to set aside the order dated 24.08.2021 made in I.A.No.280 of 2019 in O.S.No.252 of 2017 on the file of the learned Additional Sub Judge at Puducherry and order for rejection of plaint in O.S.No.252 of 2017.
2. Heard the learned counsel for the petitioners.
3. The revision petitioners are the defendants 5 and 6 in the suit. The first respondent/plaintiff has filed a suit in O.S.No.252 of 2017, for the following reliefs:
2/6https://www.mhc.tn.gov.in/judis C.R.P.No.1668 of 2022 and C.M.P.No.8289 of 2022 “The plaintiff prays that this Court may be pleased to pass a judgment and decree in favour of the plaintiff:
a) by declaring the legal heir affidavit dated 23.06.1998 vide document No.606/1998, executed by the defendants 1 to 3 as null and void.
b) by declaring the sale deed dated 31.03.2003 vide Document No.1849/2003 executed by the defendant No.1 and his mother Sellammal in favour of the defendant No.6 as null and void.
c) by declaring the mortgage deed dated 26.03.2014 vide Document No.1378/2014 executed by the defendants 5 and 6 in favour of defendant No.9 as null and void,
d) by directing the defendants 1 to 9 to pay exemplary cost.”
4. The petitioners/defendants 5 and 6 have filed a petition under Order 7 Rule 11 of C.P.C., to reject the plaint on the allegation that the very same plaint has been filed in yet another suit in O.S.No.654 of 2011, before the District Munsif, Puducherry and hence, the suit should be rejected as not maintainable. The learned Trial Judge dismissed the petition filed under Order 3/6 https://www.mhc.tn.gov.in/judis C.R.P.No.1668 of 2022 and C.M.P.No.8289 of 2022 7 Rule 11 of C.P.C. Aggrieved over the same, this civil revision petition has been filed.
5. On perusal of the two plaints filed in O.S.No.252 of 2017 and O.S.No.654 of 2011, it is seen that except the first plaintiff, other plaintiffs in O.S.No.654 of 2011, are different. Even though same prayer was sought in both suits, the claim was made by different parties. So far as the cause of action is concerned, it could only be the cause of action pleaded by the plaintiff in the plaint and about which, the learned Trial Judge cannot have any pre-
conceived idea even before the trial. If the revision petitioners have got good ground to defend the suit by raising the plea of abuse of process of Court that can be established before the Trial Court during trial by filing their pleadings and supportive documents.
6. In view of the same, I find no grounds to entertain this civil revision petition and accordingly, the same stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Index: Yes/No 09.06.2022
Speaking / Non Speaking Order
gsk
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https://www.mhc.tn.gov.in/judis C.R.P.No.1668 of 2022 and C.M.P.No.8289 of 2022 To
1.The Additional Sub Judge, Puducherry.
2.The Manager, Head Office, State Bank of Travancore, Thiruvananthapuram, Kerala.
3.The Branch Manager, State Bank of Travancore, (Now State Bank of India), Chennai.
4.The Assistant Manager, State Bank of Travancore (Now State Bank of India), Easwaran Koil Street, Pondicherry Main Branch, Puducherry 605 001.
5/6https://www.mhc.tn.gov.in/judis C.R.P.No.1668 of 2022 and C.M.P.No.8289 of 2022 R.N.MANJULA, J gsk C.R.P.No.1668 of 2022 and C.M.P.No.8289 of 2022 09.06.2022 6/6 https://www.mhc.tn.gov.in/judis