G. RAJU Vs. J. PREMASEKARAN AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 09 December, 2014, in I.A. No. 189 of 2009 in O.S. No. 5 of 2009, whereby and whereunder, the learned District Munsif, Palani, was pleased to dismiss the application filed by the petitioner under Order 7 Rule 11 of Civil Procedure Code.

(2.) THE respondents earlier filed a suit in O.S. No. 84 of 2002 on the file of the learned District Munsif, Palani, against the petitioner, praying for a decree of recovery of possession. The suit was contested by the petitioner. The suit was, ultimately, dismissed, by judgment and decree dated 25 January, 2008. The first appeal preferred against the decree in O.S. No. 84 of 2002 is now pending before the Sub Court, Palani, in A.S. No. 53 of 2008.

(3.) THE petitioner filed an application in I.A. No. 189 of 2009, invoking the provisions under Order 7 Rule 11 of Civil Procedure Code. The petitioner contended that the Trial Court has already given a finding against the respondents with respect to the very same property and as such, a fresh suit, on the basis of the very same cause of action, is not maintainable.