S DEVARAJAN Vs. ARULMIGU ATCHEESWARARSWAMY THIRUKOIL AND OTHERS

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 29.06.2015 made in I.A.No.418 of 2014 in O.S.No.113 of 2014 on the file of the Sub-Court, Madurantakam.

(2.) The first respondent herein as a plaintiff filed a suit in O.S.No.113 of 2014 for recovery of B schedule property and permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the A schedule property. The first defendant/revision petitioner herein has filed an application in I.A.No.418 of 2014 under Order 7 Rule 11 of C.P.C. for rejection of plaint stating that the plaintiff has already filed a suit in O.S.No.206 of 1990 against the first defendant and others, which was dismissed for default on 22.09.1998. Thereafter, the plaintiff has not taken any steps. Now the present suit is filed for the same relief. Therefore, he prayed for rejection of plaint on the ground of resjudicata, estoppel non joinder of necessary parties and pecuniary jurisdiction. The trial Court, after hearing both sides, dismissed the application, against which, the present revision has been preferred by the first defendant.

(3.) Even though the learned counsel for the revision petitioner/1st defendant raised so many defence in this petition, at the time of argument, he submits that the suit is hit by Order 9 Rule 9 C.P.C., because once the first respondent herein has filed the suit for same relief in previous suit in O.S.No.206 fo 1990, which was dismissed for default, he has not filed any application to restore the same. Again the plaintiff has filed the present suit for the same relief, which is hit by Order 9 rule 9 C.P.C. Therefore, he prayed for allowing the revision.