MONIKANTAN Vs. VISWAM

JUDGEMENT

(1.) This second appeal brings to the fore the manner in which a clever and astute litigant abuses the process of Court and law. This litigation exposes how loop holes in law are taken advantage by an intelligent litigant ably assisted by members of the Bar. In the instant case, the appellants and their predecessors in title, namely, their father, have managed to keep the embers of litigation burning from the year 1968 ie., for nearly 5 decades.

(2.) The genesis for the present appeal is an application filed by the respondent herein for striking off the plaint in O.S.No.16 of 2007 invoking the provisions of Order VII Rule 11, Order VI Rule 16 and Section 151 of the Code of Civil Procedure on the ground that the suit in question is frivolous and vexatious and a clear abuse of the process of Court. In order to appreciate the case on hand, it is necessary to briefly traverse through the history of litigation between the predecessors in title of the appellants and the appellants on one hand and the respondent and his predecessors in title on the other.

(3.) The property, which is the subject matter of the dispute, is an extent of 40 cents of land together with a building comprised in RS.No.182/1, old S.Nos.2175A and 2170A of Nalloor Village, Vilavancode, Kanyakumari District. The suit property, which is part of larger extent of land, belonged to the Thamarassery Madam. It appears that an extent of 45 cents was the subject matter of O.S.No.640 of 1974 on the file of the District Munsif Court, Kuzhithurai. The said suit was filed by one Arumuga Nadar S/o.Ramalinga Nadar and Ponnachi against the brother of Arumuga Nadar, one Thankaswamy Nadar, who is the father of the appellants 1 to 5 herein and a grandfather of all the other appellants.