P.S. USHA Vs. P.S.SUBRAMANIAN

JUDGEMENT

(1.) Two appeals are filed challenging the common order dtd. 1/11/2022 passed by the learned Judge in C.S.No.207 of 2021 and A.No.2469 of 2022. While O.S.A.No.310 of 2022 is filed against the decree and judgment in C.S.No.207 of 2021, O.S.A.No.311 of 2022 is challenging the fair and decreetal order in Application No.2469 of 2022 in C.S.No.207 of 2021. By the above order, the learned Judge rejected the suit in C.S.No.207 of 2021 thereby allowing the application under Order VII Rule 11(a) and (d) of the Civil Procedure Code (hereinafter referred to as "CPC") to reject the plaint on the premise that the litigation is vexatious and barred by limitation. The above order rejecting the plaint and the suit, which is the subject matter of challenge in these appeals.

(2.) Before we proceed to examine the legality and correctness of the order passed by the learned Judge and the submissions made challenging the same, it may be relevant to set out the facts briefly. For ease of reference, we shall refer to the parties in terms of their ranking in the suit in C.S.No.207 of 2021 which is as under:

(3.) Brief facts: