KITTUSAMY Vs. K. VELLAISAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the dismissal of the suit even before numbering at SR Stage dated 22.03.2013 passed in C.F.R.No.3412 of 2013 on the file of Principal District Munsif Court, Gobichettipalayam.

(2.) The facts leading to filing of this Revision is as follows:- The suit has been filed to declare the sale deed in favour of the second defendant null and void and also for permanent injunction. The plaintiff had pleaded in his plaint that he is the adoptive son of the first defendant and there was a partition between himself and the first defendant and the first defendant continues to enjoy his suit property. Therefore, he sought injunction. The learned District Munsif, Gobichettipalayam, rejected the suit even before numbering at CFR stage. As against which, the present revision is filed.

(3.) The learned counsel for petitioner submitted that the trial Judge ought not to have rejected the plaint even before the suit has been numbered. The order is not according to the law and hence, prays for allowing the present revision.