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2021 Supreme(Mad) 3291

G.K.ILANTHIRAIYAN
Syed Abdul Haleem – Appellant
Versus
Rajaratinam Construction Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.L.Dhamodaran
For the Respondent: Mr.K.S.Gnanasambandam for Mr.P.Chandrasekar

ORDER :

This civil revision petition is directed as against the order dated 16.08.2017 passed in IA.No.2464 of 2017 in OS.No.5541 of 2016 by the XII Assistant Judge, City Civil Court, Chennai thereby dismissing the petition for rejection of plaint.

2. The respondent is the plaintiff and the petitioners are the defendants. The respondent filed suit for recovery of money towards the payment of service tax for the apartment constructed by the respondent for the petitioners together with interest at the rate of 18% per annum. While pending the suit, the petitioners filed petition for rejection of plaint on the ground that the suit is barred by limitation and no cause of action for the respondent to file the suit, since no privity of contract between the petitioners and the respondent herein with regards to alleged payment of service tax in question.

3. Mr.L.Dhamodaran, the learned counsel for the petitioners would submit that the petitioners had purchased a flat from the respondent's Principal M/s.Vardhaman Construction and Investments on 07.05.2008. After a period of eight years from

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