LAWS(MAD)-2009-2-48

ALPHONSA EASTAFF Vs. M J SWARUPA ANNIE

Decided On February 12, 2009
ALPHONSA EASTAFF Appellant
V/S
M.J. SWARUPA ANNIE Respondents

JUDGEMENT

(1.) CIVIL revision petition filed under Article 227 of the Constitution of India against the suit in O.S.No.135 of 2008 on the file of the Court of Principal District Munsif, Coimbatore. This civil revision petition is filed to strike off the plaint in O.S.No.135 of 2008 on the file of the Court of Principal District Munsif, Coimbatore.

(2.) HEARD both sides.

(3.) A bare perusal of the materials as found in the typed set of papers, makes it clear that both the suits are between the same parties and the reliefs sought and the suit properties are all one and the same. Hence no more elaboration in this regard is required. Accordingly, the paint in O.S.No.135 of 2008 is hereby struck off. The proceedings emerged thereunder also in the form of O.S. is struck down as untenable and illegal in view of the fact that the said second suit O.s.No.135 of 2008 is an artifact of it being an abuse to the process of law. Accordingly, this civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.