G RAMESH Vs. S BABU

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 20.7.2007 passed in I.A.No,2021 of 2004 in O.S.No,642 of 2004 by the Additional District Munsif,Cuddalore. Inveighing the order dated 20.7.2007 passed in I.A.No,2021 of 2004 in O.S.No,642 of 2004 by the Additional District Munsif, Cuddalore., this civil revision petition is focussed.

(2.) THE epitome and resume of the relevant facts, which are absolutely germane for the disposal of this revision petition would run thus:- THE respondent herein, as plaintiff, filed the suit O.S.No,642 of 2004 before the District Munsif, Cuddalore, as against the defendants, namely, 1. THE Hindu Religious and Charitable Endowments Board, rep.by its Commissioner, Chennai 2.THE Joint Commissioner, H.R. & C.E.Department, Mayiladuthurai 3.THE Assistant Commissioner, HR.& CE Department, Cuddalore, 4.THE Executive Officer, Arulmighu Sri Pataleeswarar Thirukoil, Thiruppapuliyur, Cuddalore and 5.G.Ramesh, seeking the following reliefs:

(3.) I am of the considered opinion that under Order 14 Rule 2(2)(b) of C.P.C. if at all there is any preliminary issue framed, touching upon the bar of suit, the question of deciding it as a preliminary issue would arise. The nature of plea taken in the I.A.is such that it is a mixed question of fact and law and there should be specific plea in the written statement of any one of the defendants. But such a plea is conspicuous of its missing. Without taking such a plea, Order 7 Rule 11(d) of C.P.C. cannot be invoked or pressed into service and if at all any glaring, ex facie and prima facie fatal defect is in the plaint, then only the said provision could be invoked. Hence, I could see no infirmity in the order passed by the lower Court. Accordingly, this civil revision petition is dismissed confirming the order dated 20.7.2007 passed in I.A.No,2021 of 2004 in O.S.No,642 of 2004 by the Additional District Munsif,Cuddalore. No costs. Consequently, connected miscellaneous petition is dismissed.