S VENKATASUBRAMANIAM Vs. RAMANI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and final order dated 13.02.2015 made in I.A.No.802 of 2014 in O.S.No.5893 of 2013, on the file of XV Asst. City Civil Court, Chennai.

(2.) The petitioners are defendants 1 to 3, 5 to 7, respondents 1 & 2 are plaintiffs and 3rd respondent is the 4th defendant in O.S.No.5893 of 2013 on the file of City Civil Court, Chennai. The respondents 1 & 2 filed the above suit against the petitioners, third respondent and others for declaration declaring that the decree passed in O.S.No.14133 of 1996 dated 20.10.2006 as null and void and not binding upon the respondents 1 & 2 and for permanent injunction restraining the petitioners 1 to 3, 5 & 6 and 3rd respondent and others from encumbering the suit schedule property. The petitioners alongwith third respondent filed I.A.No.802 of 2014 in O.S.No.5893 of 2013 under Order VII Rule 11 CPC r/w Section 151 CPC for rejection of plaint on the following grounds -

(3.) The respondents 1 & 2 filed counter affidavit and denied all the above contentions. According to the respondents, C.S.No.640 of 2010 was not decided on merits and the relief sought for in the above suit is different and the present suit is not hit by principles of resjudicata and there is no necessity to obtain leave in the above suit to file any subsequent suit. Respondents 1 & 2 came to know about the fradulent decree only in the year 2013 and therefore the suit is not barred by limitation. Respondents 1 & 2 have stated in Para 14 of the plaint as how the cause of action has arisen. The petitioners are seeking to reject the plaint not based on the averments in the plaint or documents filed alongwith the plaint. The averments made in the petition filed under Order VII Rule 11 CPC and documents relied on by the petitioners are not relevant to decide the said application.