Madras High Court
Jayamohan @ Mohan vs P.Ramasubbu on 10 March, 2022
Author: N.Seshasayee
Bench: N.Seshasayee
C.R.P(PD)No.679 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM:
THE HON'BLE Mr. JUSTICE N.SESHASAYEE
C.R.P(PD)No.679 of 2022
and C.M.P.No.3464 of 2022
Jayamohan @ Mohan
S/o.Sriramulu Naidu ... Petitioner
Vs.
P.Ramasubbu
S/o.late Perumalsamy rep. by his
Power Agent Ravinthiran
S/o.Ganesan
No.5018, South Street
Keezhpoovani, Srivaikundam Taluk
Thoothukudi ... Respondent
PRAYER: The Civil Revision Petition is filed under Article 227 of
Constitution of India, against the order dated 09.09.2021 dismissing
I.A.No.586 of 2018 in O.S.No.15 of 2018 which was filed under Order VII
Rule 11 C.P.C. by the District Munsif, Chengalput.
For Petitioner : Mr.R.Sankarappan
Page 1 of 4
https://www.mhc.tn.gov.in/judis
C.R.P(PD)No.679 of 2022
ORDER
The defendant in O.S.No.15 of 2018 which is laid by respondent for cancellation of certain decree passed in 1975, has taken out an application in I.A.No.586 of 2018 for rejection of plaint on the ground that the entire property has now vested in the Salt Department and neither of the parties are in possession. This is dismissed by the trial Court and hence the defendant has approached this Court.
2.Heard the learned counsel for the revision petitioner / defendant.
3.If the property is not in defendant’s possession, the ideal option for him is not to contest the suit if he is so convinced about it. If however, he wants to establish if the plaintiff has a cause of action for the suit, it can be determined only if the suit goes for trial, which may imply that he necessarily participates and contests the suit. These are the only two options open to the defendant.
4.Now the defendant has come forward with a third option of vesting the land in another person. This defence ultimately is not even available to the present defendant. This Court does not find any need to interfere with the order of the Page 2 of 4 https://www.mhc.tn.gov.in/judis C.R.P(PD)No.679 of 2022 trial Court dismissing the aforesaid petition of the defendant for rejecting the plaint for the cause stated.
5.In the result, this Civil Revision Petition stands dismissed at the admission stage itself. Consequently, the connected C.M.P.No.3464 of 2022 is also dismissed. No costs.
10.03.2022 Index : Yes/No Internet : Yes/No Speaking / Non Speaking order kas To The District Munsif Chengalput.
N.SESHASAYEE, J., Page 3 of 4 https://www.mhc.tn.gov.in/judis C.R.P(PD)No.679 of 2022 kas C.R.P(PD)No.679 of 2022 and C.M.P.No.3464 of 2022 10.03.2022 Page 4 of 4 https://www.mhc.tn.gov.in/judis