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2014 Supreme(Mad) 4308

R.SUBBIAH
R. Sundaravadivelan – Appellant
Versus
R. Sivaganesa Velan – Respondent


Advocates Appeared:
For the Applicant:V. Selvaraj for M/s. Prabhu Mukunth Arunkumar, Advocates.
For the Respondents:P. Seshadri, Advocate.

JUDGMENT

R. SUBBIAH, J.

1. The present application has been filed by the applicant/first defendant in the suit in C.S. No. 564 of 2013 under Order XIV Rule 8 of O.S. Rules read with Order VII Rule 11 CPC to reject the plaint filed by respondents 1 to 3/plaintiffs 1 to 3.

2. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit.

3. The plaintiffs have filed the suit in C.S. No. 564 of 2013 to pass a preliminary decree for division of suit “A” schedule property by metes and bounds, into four shares and to allot one share each to the plaintiffs individually and jointly three shares to plaintiffs and one share to the first defendant and for other incidental reliefs.

4. Before dealing with the application filed by the first defendant under Order VII Rule 11 CPC for rejection of the plaint, this Court is of the opinion, it would be appropriate to extract the averments made in the plaint and hence, the averments made in the plaint, in nutshell, are set out hereunder:-

(a) The plaintiffs 1 to 3 and the first defendant are the brothers and they are the sons of late P.R. Rajaperumal Nadar. The defendants 2 to 36 are the lessees/tenants in occupati

































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