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2014 Supreme(Mad) 1698

Madurai Bench of Madras High Court
T. MATHIVANAN, J.
Sai Siva @ Sivasubramanian
Versus
C.M.Chellapandi & Another
C.R.P.(PD) (MD) No.1974 of 2013 & M.P.(MD) Nos.2 & 3 of 2013
Decided on : 01-07-2014

Advocates Appeared:
For the Petitioner:G. Prabhu Rajadurai, Advocate.
For the Respondents:R1, S.R. Rajagopal for K. Kevinkaran, Advocates, R2, D. Muruganandham, A.G.P.

The main legal point established in the judgment is the importance of preventing the abuse of process of law and the need to maintain the integrity of the legal process.

Headnote:

abuse of process of law - civil revision petition - Article 227 of the Constitution of India - Code of Civil Procedure - Specific Relief Act - [Order XXXIX Rule 1, Order I Rule 10(2), Order II Rule 2, Order VII Rule 11, Section 41 of the Specific Relief Act, 1963, Section 80 C.P.C., Section 151 C.P.C., Article 227 of the Constitution of India, Order VI Rule 16, Section 11 of the Code of Civil Procedure, Rule 5A to Order XXVII of the Code of Civil Procedure] - The court discussed the abuse of process of law, the power of superintendence under Article 227 of the Constitution of India, and the principles of striking off the plaint. It highlighted the importance of preventing improper use of the court's machinery and the need to maintain the integrity of the legal process. The court also emphasized the significance of following procedural requirements and the consequences of filing vexatious suits.

Fact of the Case:

The revision petitioner sought to strike off the plaint in a civil suit, claiming that the relief sought was an abuse of process of law without impleading him as a necessary party. The suit involved a Cable TV operation business and an order of interim injunction against the second respondent/defendant.

Finding of the Court:

The court dismissed the civil revision petition, stating that the petitioner had filed an interlocutory application to implead himself in the suit, and therefore, the grounds to strike off the plaint were not justified. The court emphasized that the supervisory power of the court cannot be misused.

Issues: The main issues included the abuse of process of law, the petitioner's locus standi to maintain the revision petition, and the pending interlocutory application for impleadment.

Ratio Decidendi: The court's decision was based on the fact that the petitioner had filed an interlocutory application to implead himself in the suit, and therefore, the grounds to strike off the plaint were not justified. The court also emphasized that the supervisory power of the court cannot be misused.

Final Decision: The civil revision petition was dismissed, and the connected miscellaneous petition was closed. No costs were awarded.

Judgment :

1. Seeking the relief of striking off the plaint in O.S.No.237 of 2013, on the file of the learned District Munsif, Uthamapalayam, this memorandum of civil revision petition is filed, after invoking the provisions of Article 227 of the Constitution of India, by the revision petitioner.

2. The revision petitioner herein is the stranger to the suit in O.S.No.237 of 2013, on the file of the learned District Munsif, Uthamapalayam, which has been filed by the first respondent/plaintiff herein, as against the second respondent/defendant, seeking the relief of bare injunction restraining him from disturbing the first respondent/plaintiff's Cable TV operation business.

3. This suit is pending trial. Along with the suit, the first respondent/plaintiff has also taken out an interlocutory application in I.A.No.678 of 2013, under Order XXXIX Rule 1 of the Code of Civil Procedure, seeking the relief of ad interim injunction against the second respondent/defendant and he has also obtained the order of interim injunction.

4. On coming to know about the granting of interim injunction against the second respondent/defendant, the revision petitioner/stranger to the suit has filed an interlocutory application in I.A.No.730 of 2013, under Order I Rule 10(2) of the Code of Civil Procedure, to implead him as a proposed second defendant in the suit. It appears that the said interlocutory application is still pending.

5. In the meanwhile, the revision petitioner/proposed second defendant has approached this Court with this memorandum of civil revision petition, under Article 227 of the Constitution of India to strike off the plaint in O.S.No.237 of 2013, on the ground that the relief sought for in the suit in O.S.No.237 of 2013 is a sheer abuse of process of law without impleading him as a necessary party to the suit and according to him on account of the order of ad interim injunction granted as against the second respondent/defendant herein, he is the person going to be affected and incurred severe damage and loss.

6. It is revealed from the records that the second respondent/defendant Inspector of Police attached to Uthamapalayam Police Station has been served with private notice as early as on 12.03.2013. However, he has not chosen to appear either in person or through his counsel.

7. Heard Mr. G.Prabhu Rajadurai, learned counsel appearing for the revision petitioner/proposed second defendant as well as Mr. S.R. Rajagopal, learned counsel appearing for Mr. K. Kevinkaran, learned counsel appearing for the first respondent/plaintiff and also perused the materials available on record.

8. According to Mr. G. Prabhu Rajadurai, the relief sought for in the suit in O.S.No.237 of 2013, without impleading the revision petitioner, is a gross abuse of process of law and that he is the person, who is going to be affected by the order of ad interim injunction granted in favour of the first respondent/plaintiff by the Trial Court.

9. It may be significant to note here that the revision petitioner/proposed second defendant has also filed an interlocutory application in I.A.No.730 of 2013, on the file of the Trial Court, under Order I Rule 10(2) C.P.C., to implead him as the proposed second defendant and that interlocutory application is still pending. The prime question arises for the consideration of this Court is as to whether this memorandum of civil revision petition can be maintained by the revision petitioner/proposed second defendant, under Article 227 of the Constitution of India, which is filed to strike off the plaint in the suit and another question also arises as to whether the non-impleadment of the revision petitioner/proposed second defendant in the suit can be construed as a sheer abuse of process of law.

10. In this connection, this Court would like to point out that the power of superintendence, under Article 227 of the Constitution of India, is very wide and discretionary in nature. It is well settled that the power of superintende










































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