T C ETHIRAJULU CHETTIAR Vs. K JEEVARATHINAM MUDALIAR

JUDGEMENT

(1.) THE above revision petition has been filed under Art.227 of the Constitution of India challenging the order of the learned Subordinate Judge, Sankari, Salem District, dated 27.7.1993 in unnumbered plaint O.S.No.... of 1993 where un-der the court below has chosen to reject the plaint without even numbering it.

(2.) THE suit appears to have been filed for a decree declaring the decree passed in O.S.No.601 of 1974 on the file of the Sub Court, Salem on 15.12.1980 in respect of the suit property as null and void, for declaring that the decree passed in the said suit on the date referred to above is unenforceable and not binding on the defendant in the said suit and restraining the defendant in the present suit from executing the decree passed in O.S.No.601 of 1974 in E.P.No.36of 1991 pending execution on the file of the court below. THE court below, after hearing the counsel for the plaintiff came to the conclusion that the suit claim is barred under Art.59 of the schedule to the Limitation Act, 1963 and consequently, the cause cannot be entertained before the court.