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2017 Supreme(Mad) 4312

M.V.MURALIDARAN
M. Jaffer Khan – Appellant
Versus
Bharathi Makkal Nala Sangam, Rep. by its Secretary C. Parthasarathy, Kolathur, Chennai – Respondent


Advocates Appeared:
For the Petitioner:G. Saravanan, Advocate
For the Respondents:M. Kumaraswamy, Advocate

JUDGMENT :

1. This Civil Revision Petition has been filed by the petitioner against the order dated 12.11.2011 passed in I.A.No.6129 of 2011 in O.S.No.4794 of 2010 on the file of the learned VIII Assistant Judge, City Civil Court, Chennai, dismissing the petition filed by the petitioner under Order 7, Rule 11 of CPC.

2. The 2nd defendant is the petitioner, 1st respondent is the plaintiff, 2nd respondent is the 1st defendant and the 3rd respondent is the 3rd defendant in the suit.

3. Reference to parties in this order will be according to their rank in the suit.

4. The plaintiff has filed the suit for declaration that the decree and judgment passed in O.S.No.1596 of 2008 by the learned V Assistant Judge, City Civil Court, Chennai dated 22.08.2008 as null and void and for permanent injunction restraining the 2nd defendant from executing E.P.No.991 of 2009 in O.S.No.1596 of 2008 and for costs.

5. The 2nd defendant filed I.A.No.6129 of 2011 under Order 7, Rule 11 of CPC seeking to reject the plaint alleging that he was the absolute owner of the property bearing Door No.13-A, Plot No.161-A, Jambulingam Main Road, Annai Anjugam Nagar, Chennai-82 having purchased the same under a registered sa

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