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2021 Supreme(Mad) 2256

V.M.VELUMANI
Velayutham – Appellant
Versus
Sellamuthu – Respondent


Advocate Appeared:
For the Petitioner:R. Venkatesulu for M/s. Usharamman, Advocates.
For the Respondent:S. Mohan, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The petitioner, who is the defendant in the suit, filed an application under Order VII Rule 11 of the Civil Procedure Code (C.P.C.) to reject the plaint, claiming that the suit was barred by principles of res judicata due to a prior decree obtained in a different suit (!) (!) .

  2. The petitioner contended that the previous suit (O.S.No.140 of 1997) resulted in a decree in his favor, declaring his ownership and possession of the suit property, which should bar the subsequent suit filed by the respondent for injunction (!) (!) .

  3. The respondent countered that the application under Order VII Rule 11 was not maintainable because the grounds of res judicata involve questions of law and fact that can only be decided after a full trial, not at the summary stage of rejection of plaint (!) (!) .

  4. It was clarified that the scope of Order VII Rule 11 does not include the rejection of a plaint based on the plea of res judicata, as this involves an examination of pleadings, issues, and evidence, which are beyond the scope of a summary rejection (!) .

  5. The court considered the provisions of Section 11 of the C.P.C., which defines res judicata, and observed that for such a plea to succeed, there must be a final judgment on the same matter, between the same parties or their successors, involving the same issues, which was not established in this case (!) .

  6. The court noted that only the averments in the plaint are relevant for deciding an application under Order VII Rule 11, and that the defendant’s written statements, affidavits, or documents filed cannot be considered at this stage (!) .

  7. The court emphasized that the application for rejection of plaint on the ground of res judicata is not sustainable, as the issue requires a detailed examination during trial, not at the initial stage of the suit (!) .

  8. The court also addressed the petitioner’s argument regarding the alleged suppression of material facts and re-litigation, concluding that there was no sufficient material to support such claims, and that the order dismissing the application was proper (!) .

  9. The court upheld the order of the lower court, which dismissed the application under Order VII Rule 11, and dismissed the civil revision petition, noting that the suit would be transferred for expeditious disposal (!) .

  10. It was directed that the suit, pending since 1997, should be disposed of within six months from the receipt of the order, to ensure a prompt resolution (!) .


JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 21.04.2017 made in I.A.No.302 of 2017 in O.S.No.187 of 1997 on the file of the District Munsif Judge, Perambalur.)

1. This Civil Revision Petition is filed to set aside the fair and decreetal order dated 21.04.2017 made in I.A.No.302 of 2017 in O.S.No.187 of 1997 on the file of the District Munsif Court, Perambalur.

2. The petitioner is defendant in O.S.No.187 of 1997 on the file of the District Munsif Court, Perambalur. The respondent filed the said suit for permanent injunction, restraining the petitioner from interfering with his peaceful possession and enjoyment of the suit property. The petitioner filed written statement on 21.10.1999 and additional written statement on 29.11.2016 and is contesting the suit. The petitioner, on 09.01.2017, filed I.A.No.302 of 2017 under Order VII Rule 11 of C.P.C., to reject the plaint in O.S.No.187 of 1997. According to the petitioner, the suit property belongs to him and is enjoying the suit property. He handed over the suit property to one Ramasamy, Duraisamy and Ponnusamy. With the permission of the

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