K.GOPALASAMY Vs. GOVINDAMMAL

JUDGEMENT

(1.) Heard Mr.M.S.Krishnan, learned Senior counsel for the petitioner and Mr.G.Ethirajulu, learned counsel for the first respondent as well as Mr.P.Kumaresan, learned counsel for the ninth respondent.

(2.) The brief facts leading to the filing of the present Civil Revision Petition are as follows:

(3.) Mr.M.S.Krishnan, learned Senior counsel for the petitioner submitted that the suit property was originally allotted in favour of one Krishnaswamy in the year 1973 through a joint family partition. On 27.10.1999, the two daughters of Krishnaswamy had filed a suit in O.S.No.2471 of 1996, seeking for partition of their 2/5th share, which suit came to be decreed. Since the other three daughters were married prior to 25.03.1989, they were not made as parties. Pursuant to the preliminary decree passed, a Partition Deed came to be executed on 16.07.2002 and thereafter, the defendants 6 to 8 had sold the property to the ninth defendant on 06.09.2002. The second respondent herein had then filed a suit in O.S.No.1180 of 2004, seeking for the relief of partition, in which, the first respondent herein was arrayed as a defendant. The suit came to be dismissed on 25.01.2010, wherein the claim of the sixth defendant/first respondent herein was negatived, as she was unable to prove that she got married after 25.03.1989 and the same has become final. Therefore, the present suit in O.S.No.734 of 2012 filed by the first respondent herein amounts to re-litigation, since she deemed to be a plaintiff in the earlier suit in O.S.No.1180 of 2004, wherein her claim for a share was negatived. According to the learned Senior counsel, such re-litigation amounts to an abuse of process of law and therefore, the plaint in the subsequent suit is liable to be struck off.