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S. M. SUBRAMANIAM
Arulmigu Akkaraipatti Ponkaliamman – Appellant
Versus
R. Periasamy – Respondent
ORDER :
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to struck off the plaint filed in O.S.No.156 of 2014 on the file of the Hon’ble 1st Additional District Judge, Erode.
The Civil Revision Petition has been filed to struck off the plaint filed in O.S.No.156 of 2014 on the file of the Hon’ble 1st Additional District Judge, Erode.
2. The Revision petitioner is the 5th defendant and the 1st respondent filed a suit for Partition and Separate possession of the suit properties. The suit ‘A’ Schedule property was originally owned by K.S.Ramasamy Gounder (father of the plaintiff). The said K.S.Ramasamy Gounder purchased some properties under the Registered Sale Deed dated 19.02.1984 out of his own earnings and his self-earnings from the properties allotted to him, which all are listed as ‘A’ Schedule property in the plaint and treated as self-acquired property. The Suit ‘B’ Schedule properties are ancestral and they are not the subject matter of Partition Deed dated 07.06.1970. The 5th respondent is Arulmigu Akkaraipatti Ponkaliamman Arulmigu Akkaraipatti Muthusamy and Arulmigu Molipili Annamar Swami Deities, Represented by the Executive Office
Sparing exercise of power under Article 227 and the need to exhaust alternate remedies before seeking relief under Article 227.
Preliminary issues are to be taken up before proceeding further with the matter.
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
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