LAWS(MAD)-2018-7-1672

THIRUNAVUKKARASU Vs. C CHRISTOPHER

Decided On July 02, 2018
THIRUNAVUKKARASU Appellant
V/S
C Christopher Respondents

JUDGEMENT

(1.) This civil revision petition has been filed against the order dated 17.02.2015 passed in I.A.No.69 of 2014 in O.S.No.137 of 2013 on the file of the learned IV Additional District Judge, Ponneri.

(2.) The first respondent filed a suit in O.S.No.137 of 2013 against the petitioner herein and respondents 2 & 3, claiming 15,00,000/- for maliciously prosecuting him by the defendants. The revision petitioner/2nd defendant has filed an interlocutory application in I.A.No.69 of 2014 under Order VII Rule 11 (a) and (d) of CPC to reject the plaint on the ground that the suit is barred by Section 53 of the Tamil Nadu District Police Act, 1859. The trial Court after giving due opportunities to both the parties dismissed the application by order dated 17.02.2015 stating that the suit is not barred by any law and the plaint cannot be rejected at the threshold for the reason stated in the application filed by the petitioner/2nd defendant.

(3.) Aggrieved against order dated 17.02.2015 made in I.A.No.69 of 2014, the second defendant is before this Court with the present revision petition.