LAWS(TNCDRC)-2011-1-43

E.KASTURI Vs. S.SATHAVOO

Decided On January 19, 2011
E.Kasturi Appellant
V/S
S.Sathavoo Respondents

JUDGEMENT

(1.) The order under challenge, in this revision is the dismissal of I.A.No.8/2010, in CC.No.50/2009, where a prayer was sought for, to reject, or strike off the complaint, as not maintainable, for want of cause of action.

(2.) The respondent, in this revision, as complainant, claimed a sum of Rs.8,84,000/-, representing the pronote amount, in addition to interest, for the recovery of a sum of Rs.93000/-, paid to the opposite party, further in addition to a sum of Rs.10000/-, as compensation for mental agony, against the advocate/opposite party, alleging negligence as well as deficiency in service, which is pending before the District Forum, Dindigul.

(3.) In the said case, the opposite party filed IA No.8/2010, to strike off the petition, contending that the matter at issue in this case, has been directly and substantially, decided in the case, pending before the Bar Council of India, that the complainant /respondent, has no cause of action to file this case, and that the averments are all false etc., which was opposed.