Introduction:

Whether a suit filed by a party to an Agreement to restrain the other party from enforcing the provisions of the Agreement can be rejected at the threshold without approaching the trail Court by invoking Order 7 Rule 11 C.P.C., and that too at the instance of the other party to the contract, who himself filed another suit to enforce the provisions of the very same Agreement, is the core issue to be decided in this civil revision.’

2. The Civil Revision Petition in C.R.P.No.3162 of 2008 is directed against the suit in O.S.No.235 of 2008 on the file of the learned District Judge, Coimbatore and the relief is to reject the plaint.

3. In C.R.P.No.3161 of 2008, challenge is to the very maintainability of the suit in O.S.Ho.1232 of 2008 on the ground that there was no cause of action to file the said suit and as such, it was a clear case of abuse of process of law.

4. The issues raised in both these revision petitions are identical and as such, the factual matrix as projected in C.R.P.No.3161 of 2008 is taken to narrate the background facts.

5. For the sake of convenience, the parties are referred to in the same order in which they were referred to before the