S SRINIVASAN Vs. K SOUNDARAPANDIAN

JUDGEMENT

(1.) THE petitioner/plaintiff has filed this Civil Revision Petition as against the order dated 15. 09. 2009 made in in SR. No. 3203 of 2009 in unnumbered O. S. No. Of 2009 by the learned District and Sessions Judge, Tiruvarur in rejecting the plaint inter alia holding that "without impleading the land owner, namely, the Temple, this suit cannot be decided and also not maintainable. "

(2.) TO avoid an avoidable delay, the issuance of notice to the defendant is dispenses with in the interest of justice.

(3.) ACCORDING to the learned counsel for the petitioner, the learned District Judge, Tiruvaraur has erroneously dismissed the suit even at the stage of numbering of the plaint without any justifiable reason and valid cause and as a matter of fact, rejecting the plaint without ordering notice to the other side is improper and this aspect of the matter has not been appreciated and adverted to by the trial Court in proper perspective and there has also been a case of violation of principles of natural justice and in a civil suit, the Revision Petitioner/plaintiff is the dominus litus and especially, the present suit has been filed before the trial Court seeking the relief of specific performance and the Revision Petitioner/plaintiff cannot be compelled or coerced to add parties against whom he does not want to fight, unless the same is to be done compulsorily under any law or rule of the land and in short, the order of trial Court in rejecting the plaint, suffers from serious infirmity coupled with patent illegality which has resulted in mis-carriage of justice and therefore, prays for allowing the Civil Revision Petition, in furtherance of substantial cause with justice.