BHAGAWATH DEVI Vs. ASWIN C JAIN

JUDGEMENT

(1.) THE above Civil Revision Petitions are filed against the Orders dated 21.09.2007 and 23.11.2007 passed in I.A. Nos.11433 of 2007 and 5773 of 2007 in O.S. No.1959 of 2007 on the file of the VI Assistant Judge, City Civil Court, Chennai.

(2.) THE defendant in O.S. No.1959 of 2007 is the revision petitioner in both the revision Petitions. As parties and the dispute involved in both the Civil Revision Petitions are one and the same, a common order is being passed, to dispose of the revision Petitions.

(3.) PENDING O.S. No.1959 of 2007, the revision petitioner/defendant filed an Application in I.A.No.11433 of 2007 under Order 7, Rule 11 C.P.C. to reject the Plaint. In the affidavit filed in support of 1.A. No.11433 of 2007, the revision petitioner/defendant stated that already a Suit in O.S. No.7549 of 2006 has been filed by the respondent/plaintiff restraining him from putting up any construction in violation of the alleged agreement dated 15.02.2006. No leave was obtained by the respondent/plaintiff in O.S. No.7549 of 2006, to sue the relief of specific performance, in future. In such circumstances, as the cause of action for both the Suits is one and the same, the present Suit filed in O.S. No.1959 of 2007 is clearly barred by the provisions of Order 2, Rule 2 of C.P.C. Hence, the revision petitioner prayed for rejecting the Plaint in O.S. No.1959 of 2007.