INDEV LOGISTICS PVT. LTD Vs. R.MANIMUTHU

JUDGEMENT

(1.) A resume of facts absolutely necessary and germane for the disposal of the Civil Revision Petition as well the miscellaneous petition would run thus: The learned Senior Counsel for the revision petitioners / defendants, by inviting the attention of this Court to the impugned order as well as the plaint and also the I.A. filed by the respondent, would pyramid his arguments which could succinctly and precisely be set out thus: The respondent filed the suit seeking to pass a decree in his favour as under:-

(2.) THERE is no prayer for recovery of any amount and it is not even a suit for rendition of accounts or settlement of accounts between the parties. It is only a bare suit for injunction under Section 27(3) of the Tamil Nadu Court Fees and Suits Valuation Act and the main prayer in the suit itself is for preventing the goods worth Rs.2 + Crores to be exported by the revision petitioners to a foreign buyer. As such, the suit is untenable and it is not a suit for recovery of money and in that, no ABJ petition was filed and no ABJ was ordered. But on the other hand, it is a peculiar suit which is totally in violation of Order 2 Rule 2 of CPC as well as the provision of Section 41 of the Specific Relief Act.

(3.) WHEREAS , the learned counsel for the respondent, in a bid to torpedo and pulverise the arguments as put forth and set forth on the side of the revision petitioners, would submit his arguments that the revision petitioners had the liberty to approach the Trial Court itself for getting the injunction vacated which they have not done so; however, they filed a CMA which was returned with certain queries, but they have not chosen to re-present the CMA with explanation; they straightaway approached this Court under Article 227 of the Constitution of India which is not maintainable.