PERIYASAMY Vs. LAKSHMI NADESAN

JUDGEMENT

(1.) Defendants 23 to 27 in the suit filed a petition invoking provision under Order 2 Rule 2 of the Code of Civil Procedure praying to reject the plaint. The Trial Court chose to dismiss the said petition. Hence, the present civil revision petition before this court at the instance of defendants 23 to 27 as against the respondent/plaintiff.

(2.) The petitioners herein would contend that the very same respondent filed an earlier suit in O.S.No.284 of 1997 praying only for grant of permanent injunction without seeking any prayer for specific performance of the agreement of sale alleged to have been executed by some of the parties to the present suit. It has been contended that on the very same set of cause of action, the present suit in O.S.No.9 of 2009 has been filed. Therefore, invoking the provision under Order 2 Rule 2 of the Code of Civil Procedure, defendants 23 to 27 have sought for rejection of the plaint.

(3.) The plaintiff, who is the respondent herein, resisted the said petition on the ground that the cause of action for the present suit is totally different. The parties who face the earlier suit instituted by the plaintiff were also different. Further, there is virtually no similar averment in the present suit laid for specific performance of the agreement of sale, it is contended by the respondent/plaintiff.