KAIRUNNISA BEGUM Vs. B.N.SREEDHARA MURTHY

JUDGEMENT

(1.) DEFENDANTS 2 to 7, 9 and 10 are the revision petitioners.

(2.) RESPONDENT /plaintiff filed the suit in O.S.No.85 of 2012 on the file of the Sub Court, Hosur for declaration of title to the suit property and this revision is filed invoking Article 227 of the Constitution of India to strike off the plaint on the ground that it amounts to a re-litigation and it is a clear case of abuse of process of court.

(3.) ON the other hand, the learned counsel for the first respondent submitted that the revision filed by the revision petitioners to strike off the plaint is not maintainable and as per the leave granted by the Honourable supreme Court permitting the first respondent/plaintiff to file a separate suit to establish his rights, the suit was filed for declaration and therefore, the plaint cannot be struck off at this stage. He further submitted that the revision filed by the revision petitioners without enclosing the copies of the judgments rendered in O.S.No.279 of 1996, A.S.No.9 of 2000 and S.A.No.1996 of 2003 is also not maintainable as the court cannot go into the factual aspects in the absence of those documents and whether a suit is barred by res judicata or not can be considered only during trial and it cannot be decided in the revision filed under Article 227 of the Constitution of India. He, therefore, submitted that the revision is liable to be dismissed.