S.ALAGAMMAI Vs. M.SUBBIAH

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 21.12.2018 made in I.A.No.94 of 2018 in O.S.No.26 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Thiruppathur.

(2.) Before the trial Court, the petitioner herein is the first defendant, the first respondent herein is the plaintiff and the respondents 2 to 4 are the defendants 2 to 4. For the sake of convenience, the parties will be referred to as per their rank before the trial Court.

(3.) I.A.No.94 of 2018 was filed under Order VII Rule 11 and Section 151 of CPC by the first defendant for dismissing the suit in O.S.No.26 of 2016. The first defendant contended that the relief sought by the plaintiff in the said suit was already decided in the earlier suit in O.S.No.467 of 1985. In O.S.No.467 of 1985, the first defendant contended that he has adopted the father of the plaintiff namely, Muthu Karuppa Thevar on 05.11.1947 and the case was contested by the plaintiff and that adoption was made by the wife of Pazhaniappa Thevar namely, Mathuvi and the wife of Nallathambi Thevar namely, Natchammai and both have jointly adopted Muthu Karuppa Thevar. The said petition went to the Hon"ble Supreme Court and the objections raised by the wife of Pazhaniappa Thevar namely, Mathuvi and the wife of Nallathambi Thevar namely, Natchammai were also declared as null and void. Further, the sale deeds executed by the said Mathuvi and Natchammai were also valid. Against the said sale deeds, the plaintiff once again filed the suit in O.S.No.26 of 2016 and the same has been res judicata.