S. RAJAN AND ORS. Vs. S. JEBASELVI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 13.11.2014 made in I.A.No.14556 of 2012 in O.S.No.838 of 2012 on the file of the XII Assistant City Civil Court, Chennai.

(2.) The petitioners are defendants and respondent is the plaintiff in O.S.No.838 of 2012 on the file of the XII Assistant City Civil Court, Chennai. The respondent filed the said suit against the petitioners for declaration to declare the settlement deed dated 12.12.2008 executed by the first petitioner as null and void and not binding on the respondent in so far as her half share in the item no.2 of the suit schedule property and for Mesne profits derived from item no.1 of the suit schedule property. The petitioners filed I.A.No.14556 of 2012 under Order 7, Rule 11 of C.P.C to reject the plaint. According to the petitioners, the suit filed by the respondent is barred by limitation. The respondent did not obtain permission under Order 2, Rule 2 of C.P.C and earlier proceedings and orders of this Court in O.S.No.7817 of 2010 operates as resjudicata and suppression of material facts. The respondent filed earlier suit, C.S.No.77 of 2009 before this Court which was transferred to Fast Track Court-I, Chennai and renumbered as O.S.No.7817 of 2010 for declaration to declare the settlement deed dated 23.09.2008 and settlement deed dated 06.10.2008 executed by mother of parties in favour of the petitioners 2 and 3 and first petitioner respectively as null and void and are not binding on the respondent so far as her half share in the suit schedule property and for partition, permanent injunction directing the 4th petitioner and two others to deposit the rental amount into the Court derived from first item of the suit schedule property from the date of said plaint till the disposal of the suit in O.S.No.7817 of 2010.

(3.) In the said suit, the respondent filed I.A.No.71 of 2010 to amend the plaint to include the relief of declaration that settlement deed dated 12.12.2008 is null and void. The said application was allowed by the order dated 18.02.2011. The C.R.P.No.1280 of 2011 filed by the petitioners was allowed by this Court on 17.06.2011 and Review Application No.133 of 2011 filed by the respondent before this Court was dismissed on 13.09.2011 and S.L.P filed by the respondent was also dismissed. In view of the same, the suit is hit by principles of resjudicata. The respondent has not obtained any permission under Order 2, Rule 2 of C.P.C to file fresh suit. The settlement deed is dated 12.12.2008. The suit is filed on 03.02.2012 and it is barred by limitation and prayed for rejection of the plaint.