S. VALLIAMMAI Vs. S. RAMANATHAN

JUDGEMENT

(1.) The appellants herein are aggrieved by the impugned order dtd. 11/7/2019 passed by the High Court of Judicature at Madras in C.R.P.(PD) No.4472 of 2013 whereby the Civil Revision Petition filed by the respondents herein was allowed and the order dtd. 24/6/2013 passed by the VIth Assistant Judge, City Civil Court, Chennai (hereinafter referred to as "trial court ") in O.S. No.2320 of 2013 (hereinafter called the 'second suit ' for the sake of convenience) was set aside. Consequently, the plaint in the second suit was rejected. The trial court, by the said order, had rejected I.A. No.7712/2013 filed by the respondents under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "Code ") and allowed I.A. No.6381/2013 filed by the appellants herein under Order XXXIX Rules 1 and 2 of the Code.

(2.) Before proceeding further, it is necessary to distill the averments of the plaint in O.S. No.4722 of 2012 which is the first suit and O.S. No.2320 of 2013 which is the second suit. Averments of Plaint in O.S. No.4722 of 2012 (First Suit):

(3.) This suit has been filed by the widow of late M. Sokkalingam as plaintiff No.1 and their two daughters as plaintiff Nos.2 and 3 against defendant No.1 who is the son of late M. Sokkalingam and defendant No.2 who is his power of attorney holder.