S.S.SUBRAMANI
Nesammal and Another – Appellant
Versus
Edward and another – Respondent
1. The Plaintiffs in Civil Filing No.8269 of 1997 on the file of principal District Munsif, Kuzhithurai are the Revision petitioners. This revision is filled under Article 227 of Constitution of India.
.2. The impugned order is rejecting the plaint on the ground that for the same issue, there was adjudication and therefore the suit is prima facie barred. The same is challenged under Article 227 of the Constitution of India.
.3. It is not disputed by the plaintiff/petitioners that between them and the respondents herein there is an earlier suit in O.S.No.2 of 1983. The suit was decreed, taken appeal without success and confirmed by me in Second Appeal No.874 of 1994. The present plaintiffs were impleaded as legal heirs of the deceased appellant in that case. After a detailed discussion of the entire matter. I held that the revision petitioners are not entitled to any relief and the decree granted in the suit is not liable to be interfered with. An argument was also taken before me that the plaintiffs in O.S.No.2 of 1983 were given a decree to which they are not legally entitled to and the same will cause great injustice to them. The said contention was rejected by me i
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.