P. VIVEKANANDAN Vs. A. EASWARI

JUDGEMENT

(1.) This revision has been filed as against the fair and decreetal order dated 28.06.2019 passed in I.A. No. 490 of 2018 in O.S. No. 89 of 2018 on the file of the learned 1st Additional District Judge, Tiruppur.

(2.) Before the trial Court, the revision petitioner was the defendant against whom, the respondent / plaintiff filed a suit for specific performance. In the said suit, the present application has been filed by the revision petitioner / defendant to reject the plaint on the ground that there is no cause of action. Since the said application has been rejected through the impugned order by the Court below, aggrieved by the same, the present Civil Revision Petition has been filed.

(3.) Heard the learned counsel for the petitioner, who would submit that, no doubt it is a suit for specific performance and the stand of the revision petitioner / defendant even now is that the defendant was always ready and willing to execute the sale deed, provided the remaining sale consideration as agreed between the parties is paid and without paying the same since the plaintiff wanted to execute the sale deed, there seems to have been some quarrel and in that circumstances, the suit has been filed, which triggered the revision petitioner / defendant to file the application under Order VII Rule 11(a) of CPC to reject the plaint.