LAWS(MAD)-2014-9-223

R. RAVIKUMAR Vs. LAKSHMI ACHI

Decided On September 17, 2014
R. Ravikumar Appellant
V/S
LAKSHMI ACHI Respondents

JUDGEMENT

(1.) CIVIL Revision Petition is filed against the fair and decretal order dated 06.09.2012 made in I.A. No. 547 of 2011 in O.S. No. 484 of 1999 on the file of the Sub -Court, Namakkal.

(2.) AT the time of admission, argument of the learned counsel for the revision petitioner is heard in length.

(3.) LEARNED counsel for the revision petitioner/second defendant submitted that the application under Order VII Rule 11 of C.P.C. can be filed at any stage. Even though the suit is filed in the year 1999, the second defendant filed the application in the year 2011, which is not barred. It is further submitted that the suit has been filed on the basis of the unregistered mortgage deed, which is not an admissible in evidence and hence, the suit is barred by law. Further, there is no cause of action against the second defendant for filing the suit. Hence, he prayed for allowing the revision petition.