GOVERNMENT OF TAMIL NADU Vs. PONNUSAMY

JUDGEMENT

(1.) Brief facts that led to the filing of this Civil Revision Petition are thus: The State of Tamil Nadu represented by District Collector, Namakkal, and the District Revenue Officer, the Revenue Divisional Officer and the Thasildhar of Namakkal, are all the plaintiffs in the unnumbered Original Suit in O.S.(SR) No.448 of 2022 on February 10, 2022. The plaint was presented on February 9, 2022. The prayer was for declaration that the Judgment and Decree passed in O.S. No.320 of 2007 are null and void, for permanent injunction not to proceed further with the execution petition in R.E.P. No.14 of 2012 in O.S.No.320 of 2007 and for costs. The Trial Court namely the Subordinate Court, Namakkal returned the plaint in O.S. (SR) No.448 of 2022, stating that the maintainability of the Suit is to be explained by the plaintiffs. On February 25, 2022, the plaint was represented along with a memo from plaintiffs on the maintainability of the Suit and it included some case laws as well. On the same day, upon perusing the plaint, plaint documents and the memo filed, the Trial Court rejected the plaint without numbering it. Feeling aggrieved by the rejection of plaint under Order VII Rule 11 of 'the Code of Civil Procedure, 1908' ['CPC' for short], the plaintiffs have preferred this Civil Revision Petition under Article 227 of the Constitution of India, praying to set aside the Trial Court's Order of rejection of plaint dated February 25, 2022 and number the plaint.

(2.) For the sake of convenience, the parties will hereinafter be referred to as per their array in the plaint in O.S. (SR) No.448 of 2022, that is to say the revision petitioners will be referred to as the plaintiffs and the respondent herein will be referred to as the defendant.

(3.) The plaintiffs' case in O.S. (SR) No.448 of 2022 is that, as per the 1905 Field Measurement Book [FMB], Mittah Survey No.72 of Namakkal Mittah, Namakkal Taluk, Salem District comprised land of a total extent of 9 Acre 48 Cents. As per the 1905 FMB, Survey No.72 had six subdivisions. The extent comprised in each sub-division, as per 1905 FMB, are as detailed below: