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2021 Supreme(Mad) 894

G.K.ILANTHIRAIYAN
S. Ramanan (Died) M/s. Auromira, Partnership Firm, Rep by its Managing Partner, Sri Veerapaneni Ravikanth – Appellant
Versus
D. Neelaveni – Respondent


Appearing Advocates:For the Petitioner:AR.L. Sundaresan, Advocate. For the Respondents:R1 to R4, S. Mukund for M/s. Sarvabhauman Associates, R11, R. Bharanidharan, Advocates.

Judgment :-

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 20.12.2017 made in I.A.No.273 of 2017 in O.S.No.574 of 2011 on the file of the I Additional District Judge, Coimbatore.)

1. The Civil Revision Petition is filed against the order dated 20.12.2017 made in I.A.No.273 of 2017 in O.S.No.574 of 2011 on the file of the I Additional District Judge, Coimbatore, thereby dismissing the petition filed by the petitioner for rejection of plaint.

2. The petitioner is the 7th defendant and the respondents 1 to 4 are the plaintiffs. The respondents 1 to 4 filed a suit for partition, declaration and permanent injunction in respect of the suit property. While pending the suit, the petitioner filed a petition for rejection of plaint and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition.

3. Mr.AR.L.Sundaresan, learned Senior Counsel submitted that the suit itself is hit under Order 2 Rule 2 of the Civil Procedure Code. Since, already their father filed a suit in O.S.No2361 of 2006 for injunction and the same was dismissed for default. Pending suit, the father of the respondents 1 to 4 died and the

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