R KARPOORASUNDARAPANDIAN Vs. RAJESWARI

JUDGEMENT

(1.) SEEKING rejection of the plaint filed by the first respondent/plaintiff in C. S. No. 144 of 2002, the instant applications have been brought forth by the defendants 1 and 2 respectively.

(2.) AFFIDAVITS in support of the applications and counter affidavits are perused. The learned senior, counsel on either side are also heard.

(3.) IT is a suit originally filed for partition claiming 1/3rd share in the schedule mentioned properties Annexed to the plaint. The suit was filed on 4. 9. 2000, wherein certain averments were made speaking about the partition deed entered into on 15. 9. 1997; but, no relief seeking to set aside that partition deed was asked for. On that ground, the plaint was returned by the office on 7. 9. 2000 and re-presented on 8. 9. 2000. Again, it was returned on 16. 9. 2000, and the matter was placed before His Lordship Justice Padmanabhan of this Court, wherein the objections raised by the office were considered by the Court, and an order was passed on 29. 1. 2002, which reads as follows: