P. RAJESH Vs. V. SHANTHI AND ORS.

JUDGEMENT

(1.) THE Appellant/Respondent/Plaintiff has filed the instant Original Side Appeal as against the order dated 17.11.2014 in A. No. 2156 of 2014 in C.S. No. 650 of 2012 passed by the Learned Single Judge in allowing the application and consequently, rejecting the plaint, the Learned Single Judge while passing the order dated 17.11.2014 in A. No. 2156 of 2014 in C.S. 650 of 2012 at para 16 had inter -alia observed as follows:

(2.) ACCORDING to the Learned counsel for the Appellant/Plaintiff, the Learned Single Judge had failed to note the contents of the counter affidavit to the A. No. 2156 of 2014. Also that, the Learned Single Judge had rejected the C.S. 650 of 2012 by means of false allegations made in A. No. 2156 of 2014 filed under Order 2 Rule 2 and Order 7 Rule 11 of the Civil Procedure Code.

(3.) THE Learned counsel for the Appellant contends that the suit in C.S. 650 of 2012 was filed for the recovery of money as damages against the First Defendant and as such, the cause of action in C.S. 650 of 2012 is completely different from the earlier suits.