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2022 Supreme(Mad) 6

S.S.SUNDAR
G. Ramesh – Appellant
Versus
G. Ravichandran – Respondent


Advocates Appeared:
For the Appellant :V. Lakshminarayanan, Advocate.
For the Respondents:D.S. Ramesh, Advocate.

JUDGMENT :

Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decreetal order in IA.No.228/2017 in OS.No.54/2015 on the file of the learned Subordinate Judge, Tiruvallur dated 19.02.2018 thereby dismissing the petition filed for rejection of plaint.

[Virtual Mode]

1. This Civil Revision Petition is directed against the order of the learned Subordinate Judge, Tiruvallur, in IA.No.228/2017 in OS.No.54/2015, dismissing the application filed under Order 7 Rule 11 of CPC to reject the plaint.

2. The revision petitioner herein is the defendant in the suit in OS.No.54/2015.

3. It is necessary to narrate the factual background for proper appreciation of the respective contentions of the learned counsels.

4. The revision petitioner earlier as plaintiff, filed a suit in OS.No.233/2003 on the file of the Sub Court, Tiruvallur, for partition of 1/4th share in all the suit properties. The suit properties consist of 11 items in Pudumavilangai Village, Tiruvallur Taluk and District. Item No.7 of the suit properties is an extent of 0.44.0 Hectares [1.09 acres] in S.No.71 and the same is the subject matter of O.S.No.54/2015. The property has been d

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