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2014 Supreme(Mad) 2655

V.M.VELUMANI
Pandi Ambalam – Appellant
Versus
Velayutha Konar – Respondent


Advocates Appeared:
For the Petitioner:K. Mariappan, Advocate.

Judgment :

This civil revision petition has been filed to set aside the order, dated 25.03.2014, made in I.A.No.759 of 2013 in O.S.No.279 of 2013, on the file of District Munsif-cum-Judicial Magistrate Court, Melur.

2. The petitioner is the plaintiff, whereas the respondent is the first defendant in the suit in O.S.No.279 of 2013 on the file of District Munsif-cum-Judicial Magistrate Court, Melur.

3. The petitioner filed the suit for declaration and injunction restraining the defendants from interfering with his possession in the suit property. The respondent/first defendant filed an application I.A.No.759 of 2013, for rejection of plaint. The learned Judge allowed the said application and by the order, dated 04.04.2014, the plaint was rejected. Against the said order, the petitioner has filed the above C.R.P.Sr.(MD) No.21839 of 2014.

4. The Registry has raised an objection that the said civil revision petition is not maintainable and only appeal is maintainable.

5. The learned counsel for the petitioner argued that as per Order 43 (1) C.P.C., the order allowing an application rejecting the plaint is not appealable.

6. I have considered the said submissions.

7. This issue has already






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