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2015 Supreme(Mad) 3303

S.MANIKUMAR, M.VENUGOPAL
P. Govindasamy – Appellant
Versus
Manickam – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr.V.Vijaya Sankar (vide Court Order dated 26.08.2015) for Mr.P.Govindasamy (Party-in-Person)
For Respondent: Mr.Madhan Babu for M/s.Satish Parasaran

JUDGMENT :

M.VENUGOPAL, J.

The Appellant/Plaintiff has filed the present Original Side Appeal as against the order dated 21.09.2012 in A.No.2589 of 2012 in C.S.No.14 of 2012 passed by the Learned Single Judge.

2. The Learned Single Judge while passing the common order on 21.09.2012 in C.S.No.14 of 2012 and A.No.2589 of 2012 and A.No.288 of 2012 at paragraph 13 had observed the following:

“... it is a fit case where no trial is contemplated without there being any disclosure of cause of action for trying the suit. Besides, the suit itself is barred by limitation. Under these circumstances, A.No.2589 of 2012 will stand allowed. The plaint in C.S.No.14 of 2012 stands rejected. In view of the rejection of the plaint, the question of issuing direction to furnish security in A.No.228 of 2012 does not arise. Hence, A.No.228 of 2012 stands dismissed ...”


3. Assailing the validity and legality of the order passed in A.No.2589 of 2012 in C.S.No.14 of 2012, the Learned counsel for the Appellant/Plaintiff urges before this Court that the order passed by the Learned Single Judge on 21.09.2012 in A.No.2589 of 2012 in C.S.No.14 of 2012 (Filed under Or.7 R.11(d) of the Civil Procedure Code) suffer






























































































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