PANNEER SELVAM Vs. CHIEF MANAGER & AUTHORISED OFFICER

JUDGEMENT

(1.) The petitioner has filed a Suit in O.S.SR.No.6886 of 2015 against the respondent for declaration that he has not created any valid equitable mortgage as mentioned in the possession notice and to declare the possession notice dated 24.07.2015 as illegal, invalid and non-est in the eye of law.

(2.) The said plaint was rejected by the learned District Munsif, Kulithalai on the ground that the Suit is barred by the law under Section 34 of the SARFAESI Act. The petitioner has filed another plaint by rectifying the defects by invoking Order 7 Rule 13 of C.P.C. for the relief of declaration, declaring the proceedings initiated by the respondent under SARFAESI Act as illegal, invalid and non-est in the eye of law as per Section 31 G of SARFAESI Act.

(3.) The learned Judge returned the plaint on 18.02.2015 stating that as to how the Suit is maintainable, as already an order was passed by the Court in respect of the same subject and cause of action. In view of the rejection of earlier plaint, the petitioner represented the said plaint stating that the Suit is maintainable as per Order 7 Rule 13 of C.P.C. The learned Judge returned the plaint stating that as to how the Court has jurisdiction. Against the said return, the petitioner appears before this Court with this Civil Revision Petition.