A.E. RATHINA NAICKER Vs. V. THIRUMALAI

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.238 of 2010 on the file of the Court of Subordinate Judge, Poonamallee, filed for the relief of declaring that he is the lawful owner of "C" Suit schedule mentioned property admeasuring to an extent of 3 ares (7.41 cents) comprised in Punja S.No.148/6. Paruthipattu Village, Poonamalle Taluk, Thiruvallur District and recovery of possession of the same from the defendant and handover vacant possession to the plaintiff and also for permanent injunction restraining the defendant, his men, agents, servants or any other person claiming under him not to alienate the "C" suit schedule property to any third party and also for costs of the suit.

(2.) The Suit was entertained and after receipt of summons, the defendant had entered appearance and filed I.A.No.15/2012 under Order 7, Rule 11 (d) of Civil Procedure Code, 1908 to reject the plaint and the Court of Subordinate Judge, Poonamallee, vide order dated 05.07.2012, has allowed the said petition and thereby rejected the plaint.

(3.) The appellant/plaintiff, aggrieved by the rejection of plaint, filed an appeal in A.S.No.23 of 2013 on the file of the Principal District Court, Thiruvallur and vide, impugned judgment and decree dated 01.04.2015, the Appeal Suit was also dismissed. The appellant/plaintiff, challenging the legality of the impugned judgment and decree passed by the Lower Appellate Court in A.S.No.23 of 2013, holding the order of rejection of plaint passed by the Trial Court, has filed this Second Appeal.