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Soundarajan vs Sudharshan Vembutty

Madras High Court|22 November, 2017

JUDGMENT / 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.
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Title

Soundarajan vs Sudharshan Vembutty

Court

Madras High Court

JudgmentDate
22 November, 2017