SORIMUTHU Vs. K.S. MOHAMED RIBAI

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioner/defendant, to set aside the fair and decreetal order dated 16.06.2016 in I.A. No.9 of 2016 in O.S. No.55 of 2015 on the file of III Additional District Court, Tirunelveli.

(2.) The respondent herein, as plaintiff, filed a suit in O.S. No. 409 of 2012 before the learned II Additional District Judge, Tirunelveli, praying for the relief of permanent injunction against the revision petitioner/defendant. The aforesaid suit was dismissed on 26.03.2015, wherein, the II Additional District Munsif has observed that the respondent herein is not in possession of the suit property. After the dismissal of the aforesaid suit, the respondent herein filed another suit in O.S. No.55 of 2015 before the III Additional District Munsif, Tirunelveli, praying to declare the suit property belongs to the respondent and also for recovery of possession and mandatory injunction for demolition of the compound wall constructed by the petitioner/defendant.

(3.) During the pendency of the aforesaid suit, the petitioner/defendant filed an application in I.A. No.9 of 2016 under Order 2, Rule 2 and Order 7, Rule 11 and Sec. 151 of C.P.C., to reject the plaint filed by the respondent/plaintiff in O.S. No.55 of 2015, contending that the suit is also barred by limitation. The Court below has considered the objection made by the respondent and dismissed the said application stating that the earlier suit filed by the respondent in O.S. No.409 of 2012 was for permanent injunction and the present suit has been filed for declaration, recovery of possession and for mandatory injunction and hence, the petition filed under Order 2, Rule 2 and Order 7, Rule 11 of C.P.C. will not attract the present case to reject the plaint. Further, the Court below has observed that when the suit in O.S. No.409 of 2012 was pending before the Court below, the petitioner/defendant has constructed the compound wall.