KARUNAKARAN Vs. M. SUNDARAADIVELU

JUDGEMENT

(1.) THIS petition has been filed invoking the supervisory powers of this Court under Article 227 of the Constitution of India challenging the order of the learned Additional District Munsif, Alandur dated 11.12.2012 made in I.A.No.1003 of 2012 in O.S.No.438 of 2012 on the file of the said Court. The said Interlocutory Application came to be filed by the defendants in the said suit for the rejection of the plaint under Order VII Rule 11 CPC. The learned Additional District Munsif, after hearing, by an elaborate order, chose to allow the application and reject the plaint. The said order is sought to be challenged by the plaintiffs in this revision by invoking Article 227 of the Constitution of India.

(2.) WHEN the matter came up for admission, notice was taken on behalf of the respondents and a preliminary objection was raised as to the maintainability of the Civil Revision Petition on the premise that an order rejecting the plaint shall be deemed to be a decree, against which an appeal will lie. In view of the same, this Court thought it fit to hear the arguments on the preliminary objection and aim at a disposal of the Civil Revision Petition in the admission stage itself, if possible.

(3.) THE plaintiffs in the original suit are the petitioners in the revision petition. They filed the suit for a declaration that a particular document executed by a third party in favour of the first respondent was null and void and a further declaration that the settlement deed executed by the first defendant in favour of the second defendant was also null and void and also for a permanent injunction not to disturb the alleged possession and enjoyment of the plaintiffs in respect of the suit properties. It so happens, a suit came to be filed on an earlier occasion by the second plaintiff Leela along with one Eswari represented by her Power Agent Kumar for a declaration that the suit property belonged to them. The said suit was allowed to be dismissed for default. Subsequently, the present plaintiffs (revision petitioners) chose to file the present suit O.S.No.438 of 2012 on the file of the Additional District Munsif, Alandur for the reliefs indicated above on the premise that the documents in question were executed in respect of the properties which are claimed to be that of the plaintiffs. The respondents herein/defendants filed I.A.No.1003 of 2012 under Order VII Rule 11 CPC for the rejection of the plaint on the ground that there was suppression of material fact insofar as the filing of the earlier suit by the second plaintiff Leela and Eswari was not adverted to in any part of the plaint.