P. GOWSHIKA BOOPATHY Vs. T. MUTHU

JUDGEMENT

(1.) Application No.7893 of 2019 has been filed by the Applicant/First Defendant to reject the Plaint in the Suit in C.S. No.443 of 2013.

(2.) The Plaintiff has filed the Suit for the following reliefs:

(3.) These Applications have been filed after 5 years from the date of institution of the Suit; the First Defendant participated in the proceedings and advanced the arguments on the Injunction Application filed in O.A. No.517 of 2013 and other Applications filed to obtain leave. The Defendants 10 and 16 against whom leave has been obtained have not filed any Application to revoke the leave; since the Defendants 10 & 16 are residing outside the jurisdiction of the Court leave was obtained; except the First Defendant the other Defendants have not made objections on the point of maintainability of the Suit; since the Plaintiff has filed an Application to implead a proposed party, who is paying the rent for the Suit properties, the First Defendant had filed these Applications as a counterblast; Sec. 16 C.P.C., should be read along with Ss. 70, 20 & 120, C.P.C.; as per Sec. 120, C.P.C., the provisions under Ss. 16, 17 & 20, C.P.C. are not applicable to the Original side jurisdiction of the High Court.