GOPALAKRISHNAN Vs. PONNUSAMY GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order passed by the District Munsif Court, Avinashi, on 8/2/2024 in O.S.CFR.No.5341 of 2024.

(2.) The brief facts of the case is that the petitioner/plaintiff has filed a suit before the District Munsif Court, Avinashi against the respondents/defendants seeking for a declaration and a direction to the defendants to pay the cost of the suit. The case was taken up in the open Court and after a detailed hearing, an impugned order came to be passed by the learned trial Judge on 8/2/2024 rejecting the plaint under Order VII Rule 11(a) of CPC. Challenging the same, the present Civil Revision Petition has been filed.

(3.) Learned counsel for the petitioner submitted that the impugned order rejecting the plaint under Order VII Rules 11 of CPC, even prior to number the same suffers from illegality and improper exercise of jurisdiction and it is liable to be set aside. He further submitted that the Court cannot conduct a trial and roving enquiry before numbering the plaint and reject the plaint. In support of his contention, he relied on the judgment passed by this Court in the case of Selvaraj and Others vs. Koodankulam Nuclear Power Plant India Limited and others reported in (2021) 3 LW 677.