R.MATHIAZHAGAN Vs. P.J. ETHIRAJ

JUDGEMENT

(1.) This application is taken out by the defendants in the suit in C.S.No.247 of 2013 seeking revocation of leave to file the suit in this Court granted under Clause XII of the Letters Patent on 1/4/2013.

(2.) The suit in question has been filed by the respondents as an underchapter suit under Order XXXVII of the Code of Civil Procedure seeking a money decree for a sum of Rs.5,70,00,000.00 with interest at 18% per annum on Rs.4,50,00,000.00 from the date of suit till date of payment.

(3.) According to the plaintiffs, the defendants have received monies from the plaintiffs under the pretext of buying properties at Pondicherry for the business of the plaintiffs. During September 2011, the defendants have proposed that the plaintiffs could purchase land measuring about 8 1/2 acres situate at Villiyanur in Pondicherry belonging to the 3rd defendant. Believing the representations made by the defendants, the plaintiffs have parted with a sum of Rs.3.00 Crores by raising money from their relatives, friends and others for the purchase of the lands.