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2009 Supreme(Mad) 1344

M.VENUGOPAL
R-41, Srivilliputtur Agricultural Producers Co-operative Marketing Society Limited through its Special Officer – Appellant
Versus
V. Kannammal – Respondent


Advocates Appeared:
M. Thirunavukkarasu, for Petitioner
P. Santosh Kumar for Respondents

ORDER

The revision petitioner has filed the present civil revision petition as against the order dated 3.11.2008 in I.A. No. 974 of 2008 in O.S. No. 198 of 2008 passed by the learned Principal District Munsif, Srivilliputtur, in dismissing the application filed by the revision petitioner under Order 1 Rule 11(d) and Section 151 of the Code of Civil Procedure, praying to reject the original plaint filed by the first respondent/plaintiff with costs.

2. The trial Court while passing orders in I.A. No. 974 of 2008 in O.S. No. 198 of 2008, has come to the conclusion that the first respondent/plaintiff is litigating her case by way of claiming adverse title against the deceased Veeraiyan Chettiar which involved a mixed question of law and facts which can be decided only at the time of trial and all the contentions raised by the revision petitioner/petitioner/first defendant can be adjudicated and decided at the time of trial and consequently, dismissed the application issuing a direction that the defendants must file their written statement within a month's time ending on 4.12.2008, after filing written statement, issues will be framed on 8.12.2008 and the trial will be posted in the list




















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