ELANGOVAN Vs. SULOCHANA

JUDGEMENT

(1.) Invoking the provisions of Art. 227 of the Constitution of India, the memorandum of civil revision petition in C.R.P.No.1747 of 2012 has been filed to strike off the plaint of the suit in O.S.No.161 of 2011, pending on the file of the learned District Munsif, Madhurantakam on the ground of abuse of process of Court, whereas C.R.P.No.3856 of 2012 has been directed against the fair and decretal order dated 07.07.2012 and made in the interlocutory application in I.A.No.123 of 2012 in O.S.No.161 of 2011 on the file of the learned District Munsif, Madhurantagam.

(2.) With the issue involved in both the revision petitions is one and the same and the parties to the revision petitions are also one and the same, it has become necessary for this Court to dispose these two civil revision petitions in this common order.

(3.) The revision petitioner in C.R.P.No.1747 of 2012 is the second defendant in the suit in O.S.No.161 of 2011 and the first respondent is the plaintiff and the respondents 2 and 3 are the defendants 1 and 3. The revision petitioner in C.R.P.No.3856 of 2012 is the first defendant in the suit, whereas the first respondent is the plaintiff and the respondents 2 and 3 are the defendants 2 and 3 in the suit. As aforestated, C.R.P.No.1747 of 2012 has been filed by the second defendant in the above suit for striking off the plaint in the suit in O.S.No.161 of 2011 pending on the file of the District Munsif, Madhurantagam and the other revision in C.R.P.No.3856 of 2012 has been filed challenging the order dated 07.07.2012 and made in I.A.No.123 of 2012 in the respondent in both the revision petitions seems to have filed the suit in O.S.No.161 of 2011 as against the revision petitioners and the other defendants seeking the following reliefs: