The central legal point established in the judgment is that an illusory cause of action cannot create a right to sue, and suits based on time-barred claims are an abuse of the legal process.

ORDER :

(Prayer in C.R.P.Nos.2167 & 2170/2020: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the order dated 01.12.2020 made in I.A.Nos.1 and 2 of 2020 respectively in O.S.No.110 of 2020 on the file of the learned Principal District Judge, Dharmapuri.

C.R.P.No.2168/2020: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to strike off the plaint in O.S.No.110 of 2020 on the file of the learned Principal District Judge, Dharmapuri.)

C.R.P.[PD] Nos.2171, 2166, 2169 and 2172/2020:-

The defendants 1&2 are the revision petitioners herein.

2. For the sake of convenience, the parties are referred as per the ranking before the trial Court.

3. The respondent/plaintiff has filed a suit to declare his title over the suit property in pursuant to alleged agreement of defendants 1&2 in the oral partition and for consequential Mandatory Injunction to direct the defendants 1&2 to execute appropriate deed of conveyance in faovur of the plaintiff. (i) The respondent herein filed O.S.No.110 of 2020 on the file of the learned Principal District Judge, Dharmapuri against the petitioners and others for various reliefs. The respondent has also filed I.A.Nos.1 and 2 of 2020 in O.S.No.110 of 2020 for various interim reliefs, and the learned trial Judge was pleased to grant exparte interim reliefs in all the interlocutory applications, by order dated 01.12.2020. Feeling aggrieved against the impugned plaint in O.S.No.110 of 2020 pending on the file of the learned trial Judge, the petitioners are before this Court, by filing the above Civil Revision Petition under Article 227 of the Constitution of India to strike off the plaint.

The summary of the plaint averments and the plaint documents has summarized as under and the following Genealogical Tree would exemplify the relationship between the parties to the suit.

GENEALOGICAL TREE

“CHART”

(ii). The above named late Pachiappa gounder and the 6th defendant Muthu Pillai are the parents of the defendants 1, 7 to 10 and the plaintiff. The 2nd petitioner /D2 and late Pachiappa gounder started the 5th petitioner/D5 firm on 15.10.1997 at No.25-A, Kaliappa gounder street, Madhigonpalayam, Dharmapuri District. The firm was registered in Document No.48 of 1997 (plaint Document No.1)

(iii). The respondent herein and the 1st petitioner/D1 are the sons of, and the daughters 7 to 10 are the daughters of late Pachiappa gounder and Muthu Pillai / D6. Soon after the death of Thiru.Pachipappa gounder, his wife Tmt.Muthu Pillai and their four daughters had executed a registered release deed dated 04.05.2007 (Plaint Document No.4) in favour of the 1st petitioner herein and the respondents, who are the sons of late Pachiappa gounder in respect of some of the properties left behind late Pachiappa gounder. Subsequently, all the legal heirs including the wife of, sons of and daughters of, late Pachiappa gounder had entered into a family partition under registered deed dated 14.03.2016 (Plaint Document No.5). Accordingly, the family properties of late Pachiappa gounder got divided and the said issue had attained finality.

(iv) Nearly 14 years after the death of late Pachiappa gounder (i.e., 29.12.2006) (Plaint Document No.2), the respondent herein has filed the above suit in O.S.No.110 of 2020 for the following prayers:- (The plaint prayers are reproduced, as it is, for proper appreciation of drafting of plaint, as discussed infra)

(a) Declaring that the plaintiff is entitled for the title of suit properties in pursuance of the agreement of the 1st and 2nd defendants in the oral partition held between the plaintiff and 1st and 2nd defendants above. (emphasis supplied)

By that granting consequential mandatory injunction in favour of the plaintiff and against the 1st and 2nd defendant to execute the appropriate deed of conveyance in favour of the plaintiff in respect of the 1st item of suit property apart from that in respect of all other items the 1st defe