A. RAJASEKARAN Vs. ANUGRAHA GARDENS ASSOCIATION

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 22.11.2013 passed by the III Additional District Munsif Court, Coimbatore in I.A. No. 920 of 2013 in I.A. No. 441-A of 2013 in O.S. No. 1934 of 2008.

(2.) The petitioner is the plaintiff in the suit. He filed a suit against the respondent seeking for grant of a permanent injunction to restrain the respondent from passing the resolution No. 4 in the Annexure to the notice of the respondent / defendant, dated 20.08.2008 in the General Body Meeting proposed to be held on 14.09.2008 or on any other date and quoted in the schedule to the plaint. Pending disposal of the suit, the petitioner filed an application under Order XI Rule 21 CPC seeking for striking out the defence of the respondent / defendant and treat the suit as an undefended one and he has also sought for a decree as prayed for in the suit.

(3.) It is his case, as seen from the affidavit filed in support of I.A. No. 441-A of 2013 filed under Order XI Rule 21 CPC that despite notice to produce was given by the petitioner to the respondent / defendant on 30.03.2009 for production of documents under Order XII Rule 8 CPC, till date, the respondent / defendant did not comply with the said notice to produce the documents. Hence, he does not have the right to defend the suit. On these grounds I.A. No. 441-A of 2013 was filed by the petitioner / plaintiff. A counter affidavit was also filed by the respondent / defendant in I.A. No. 441-A of 2013, wherein, they have stated that the request made by the petitioner / plaintiff in his application that the suit will have to be treated as undefended is an abuse of process of law and Court. They have also stated that the suit itself has become infructuous, as the resolution was passed by the respondent / defendant on 14.09.2008 itself.