The suit has been laid by the first respondent / plaintiff for declaration and permanent injunction. Pending suit, it is found that the revision petitioners / defendants 1 and 2 and other defendants have preferred an application in I.A. No. 162 of 2016, under Order VII Rule 11 and Section 151 of Code of Civil Procedure, for rejection of the plaint on the footing that the first respondent / plaintiff has been expelled from the Society on 24.05.2015 itself, by passing a resolution and in such view of the matter, the suit laid by him claiming to be a member of the Society is not maintainable and hence, the plaint is liable to be rejected.
2. The above application was resisted by the first respondent / plaintiff, contending that on the date of filing of the suit, he was a member of the Society and therefore, he is entitled to maintain the suit and further according to him, the issues put forth by the revision petitioners are question of facts to be determined only at the time of trial of the suit and therefore, the application preferred by the revision petitioners is liable to be dismissed.
3. The Trial Court, on a consideration of the rival contentions put forth by the respective parties, finding that the suit having been laid by the first respondent / plaintiff even before his expulsion from the Society for appropriate reliefs, the application preferred by the revision petitioners do not merit acceptance and also accordingly, held that the issues put forth by the revision petitioners in the application are question of facts to be adjudicated only during the course of trial in the main suit and it may not be a ground for rejection of the plaint and accordingly, dismissed the application. Impugning the same, the present civil revision petition has been preferred.
4. Considering the reasons given by the Court below in rejecting the application being found to be in accordance with law, I am of the considered opinion that the impugned order of the Court below does not warrant any interference from this Court.
5. Resultantly, the civil revision petition is dismissed. Consequently, connected civil miscellaneous petition is closed.
To:
The Principal District Munsif, Madurai Town, Madurai.
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