G. KUTHA BAKSH(DIED) Vs. KUZHANDAISAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 18.08.2017 passed in I.A.SR.8075 of 2017 in O.S.No.586 of 2012, by the learned Additional Sub-Court, Madurai.

(2.) Originally, the respondent/plaintiff has filed a suit in O.S.No. 586 of 2012 for declaration and permanent injunction. The petitioner herein, who is the first defendant in the suit, has filed a counter claim for permanent injunction against the plaintiff. The said suit was dismissed for default and on the same day, the learned Judge has dismissed the counter claim also without passing any order on merits. Since the petitioner herein has appeared before the Court on the next date of hearing, after dismissing the suit as well as the counter claim, the petitioner herein has filed an application in I.A.SR 8075 of 2017 to reopen the case. Now, the learned Judge has dismissed the I.A., by saying that though the petitioner, who is the first defendant filed a counter claim for permanent injunction against the sole plaintiff, who died later on, there is no cause of action as against the legal heirs of the plaintiff for the relief of permanent inunction. Challenging the said order, the present civil revision petition is filed.

(3.) Heard the learned counsel for the petitioner and perused the materials placed before this Court.