LAWS(MAD)-2023-1-78

V. POORNIMA Vs. D. KANNADASAN

Decided On January 03, 2023
V. Poornima Appellant
V/S
D. Kannadasan Respondents

JUDGEMENT

(1.) The present Civil Revision Petition has been filed against the fair and decretal order dtd. 14/9/2022 passed in IA No.4 of 2021 in OS No.76 of 2018 on the file of the Additional Subordinate Court, Ponneri.

(2.) The revision petitioners are the defendants in the suit filed by the respondent for permanent injunction. The revision petitioners filed an Interlocutory Application under Order VII, Rule 11 CPC for rejection of plaint in OS No.76 of 2018.

(3.) The ground mainly raised by the revision petitioners is that the cause of action has not been properly set out and thus the plaint is to be rejected. For rejection of the plaint under Order VII, Rule 11 CPC, the plaint as a whole, must be considered by the Court. The cause of action paragraph set out in the plaint must be considered along with the other averments stated in the plaint as a whole.