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 Speaking/Non-speaking order Index :Yes/No Internet :Yes/No vaan/bsm CRP (PD)SR.No.62267 of 2017 22.11.2017