GOVINDARAJAN PADAYATCHI Vs. PREMANANDA VIJAYAKUMAR @ PREM ANAND

JUDGEMENT

(1.) The submissions made by Chitra Sampath, learned Senior Counsel for the Appellant are heard. The Plaintiff in O.S. No. 16 of 2011 on the file of the Principal District Judge, Ariyalur is the Appellant in this Civil Miscellaneous Appeal. The Respondents herein are the Defendants in the said Suit. The Defendants preferred an Application in I.A. No. 3 of 2012 under Order 7, Rule 11, C.P.C. praying for the rejection of the Plaint on the basis of claim that the Suit claim was barred by limitation.

(2.) The learned Trial Judge upon hearing both sides, allowed the Application and rejected the Plaint.

(3.) As against the Order allowing the Application under Order 7, Rule 11, C.P.C. the Appellant herein (Plaintiffs), at the first instance preferred a Civil Revision Petition in C.R.P. No. 2124 of 2012 on the file of this Court. Hon'ble Thiru Justice R.S. Ramanathan, dismissed the Civil Revision Petition as not maintainable, holding that as against the impugned Order of the Trial Court rejecting the Plaint, an Appeal only would lie. The said Order came to be passed on 11.1.2013. Meanwhile, the Appellant herein chose to file an Appeal before this Court in A.S. No. 708 of 2012 as against the Order rejecting the Plaint which was drafted as decree. The same has been admitted and is pending.